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OLENHOUSE v. COMMODITY CREDIT CORP.

No. 93-3012.

42 F.3d 1560 (1994)

Don OLENHOUSE, et al., Plaintiffs-Appellants, v. COMMODITY CREDIT CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 20, 1994.

Attorney(s) appearing for the Case

Karen K. McIlvain, McIlvain Law Office, Madison, KS, for plaintiffs-appellants.

Stephen K. Lester, Asst. U.S. Atty. (Jackie N. Williams, U.S. Atty., with him on the brief), Wichita, KS, for defendants-appellees.

MOORE, Circuit Judge, LOGAN, Senior Judge, and KANE, Senior District Judge.

KANE, Senior District Judge.

This extensive review of an administrative agency case decided on appeal by a district court delineates the standards to which the district court must conform. When acting as a court of appeal, it is improper for a district court to use methods and procedures designed for trial. Moreover, the District Court here permitted the use of a so-called "motion to affirm" as well as a motion for summary judgment in contravention of the established...

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