COLEMAN v. ESPY

Nos. 91-3123, 91-3384.

986 F.2d 1184 (1993)

Dwight COLEMAN, Lester Crowsheart, Sharon Crowsheart, Russel Folmer, Anna Mae Folmer, George Hatfield, June Hatfield, Donna McCabe, Diane McCabe, on behalf of themselves and others similarly situated, Gary A. Barrett, Rosemary K. Barrett, Richard L. Harmon, Betty J. Harmon, Larry L. Robertson, Nancy K. Robertson, Ross Wade, Maureen Wade, Plaintiffs, Bart H. Dye, Appellant, v. Mike ESPY, Secretary of Agriculture, Charles W. Shuman, Administrator of the Farmers Home Administration, Ralph W. Leet, State Director of the Farmers Home Administration, Harold T. Aasmundstad, District Director of the Farmers Home Administration of North Dakota, Glen W. Binegar, as District Director of the Farmers Home Administration of North Dakota, Allen G. Drege, as District Director of the Farmers Home Administration of North Dakota, Dennis W. Larson, as District Director of the Farmers Home Administration of North Dakota, Odell O. Ottmar, as District Director of the Farmers Home Administration of North Dakota, Joseph J. Schneider, as District Director of the Farmers Home Administration of North Dakota, Samuel Delvo, as County Supervisor of the Farmers Home Administration in North Dakota, Lorace Hakanson, as County Supervisor of the Farmers Home Administration in North Dakota, Larry Leier, as County Supervisor of the Farmers Home Administration in North Dakota, Charles Schaefer, as County Supervisor of the Farmers Home Administration in North Dakota, James Well, as County Supervisor of the Farmers Home Administration in North Dakota, Ralph W. Leet, State Director of the Farmers Home Administration, Appellees. Dwight COLEMAN, Lester Crowsheart, Sharon Crowsheart, Russel Folmer, Anna Mae Folmer, George Hatfield, June Hatfield, Donna McCabe, Diane McCabe, on behalf of themselves and others similarly situated, Gary A. Barrett, Rosemary K. Barrett, Richard L. Harmon, Betty J. Harmon, Larry L. Robertson, Nancy K. Robertson, Ross Wade, Maureen Wade, Plaintiffs, Carl Saine, Judie Saine, Appellants, v. Mike ESPY, Secretary of Agriculture, Charles W. Shuman, Administrator of the Farmers Home Administration, Ralph W. Leet, State Director of the Farmers Home Administration, Harold T. Aasmundstad, District Director of the Farmers Home Administration of North Dakota, Glen W. Binegar, as District Director of the Farmers Home Administration of North Dakota, Allen G. Drege, as District Director of the Farmers Home Administration of North Dakota, Dennis W. Larson, as District Director of the Farmers Home Administration of North Dakota, Odell O. Ottmar, as District Director of the Farmers Home Administration of North Dakota, Joseph J. Schneider, as District Director of the Farmers Home Administration of North Dakota, Samuel Delvo, as County Supervisor of the Farmers Home Administration in North Dakota, Lorace Hakanson, as County Supervisor of the Farmers Home Administration in North Dakota, Larry Leier, as County Supervisor of the Farmers Home Administration in North Dakota, Charles Schaefer, as County Supervisor of the Farmers Home Administration in North Dakota, James Well, as County Supervisor of the Farmers Home Administration in North Dakota, Appellees. Dwight COLEMAN, Lester Crowsheart, Sharon Crowsheart, Russel Folmer, Anna Mae Folmer, George Hatfield, June Hatfield, Donna McCabe, Diane McCabe, on behalf of themselves and others similarly situated, Gary A. Barrett, Rosemary K. Barrett, Richard L. Harmon, Betty J. Harmon, Larry L. Robertson, Nancy K. Robertson, Ross Wade, Maureen Wade, Plaintiffs, Leonard Doran, Audrey A. Doran, Appellants, v. Mike ESPY, Secretary of Agriculture, Charles W. Shuman, Administrator of the Farmers Home Administration, Ralph W. Leet, State Director of the Farmers Home Administration, Harold T. Aasmundstad, District Director of the Farmers Home Administration of North Dakota, Glen W. Binegar, as District Director of the Farmers Home Administration of North Dakota, Allen G. Drege, as District Director of the Farmers Home Administration of North Dakota, Dennis W. Larson, as District Director of the Farmers Home Administration of North Dakota, Odell O. Ottmar, as District Director of the Farmers Home Administration of North Dakota, Joseph J. Schneider, as District Director of the Farmers Home Administration of North Dakota, Samuel Delvo, as County Supervisor of the Farmers Home Administration in North Dakota, Lorace Hakanson, as County Supervisor of the Farmers Home Administration in North Dakota, Larry Leier, as County Supervisor of the Farmers Home Administration in North Dakota, Charles Schaefer, as County Supervisor of the Farmers Home Administration in North Dakota, James Well, as County Supervisor of the Farmers Home Administration of North Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1993.

Rehearing and Rehearing Denied April 5, 1993.


Attorney(s) appearing for the Case

Michael D. Calhoun, Durham, NC, argued, for appellants.

Michael Robinson, Dept. of Justice, Washington, DC, argued, for appellees.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and BOGUE, Senior District Judge.


Rehearing and Rehearing En Banc Denied April 5, 1993.

MAGILL, Circuit Judge.

This case comes to us on appeal from a decision by the district court1 dismissing as moot an action against officers of the Farmers Home Administration (FmHA). The appellants claim that the FmHA violated a court ordered injunction and they seek civil compensatory contempt damages. We affirm the decision of the district court dismissing these actions, although...

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