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NATIONAL WILDLIFE FEDERATION v. ESPY

No. 92-35568.

45 F.3d 1337 (1995)

NATIONAL WILDLIFE FEDERATION; Idaho Wildlife Federation, Plaintiffs-Appellants, v. Mike ESPY, Secretary of the U.S. Department of Agriculture; La Verne Ausman, Administrator of Farmers Home Administration; Tracy L. Baxter, and Sharon L. Baxter, Defendants-Appellees, and Farm Credit Bank of Spokane, Defendant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated February 4, 1994.

Resubmitted October 11, 1994.

Decided January 20, 1995.

Attorney(s) appearing for the Case

Thomas M. France, Nat. Wildlife Federation, Missoula, MT and Marion Yoder, Nat. Wildlife Federation, Bismark, ND, for plaintiffs-appellants.

Andrea Nervi Ward, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Stephen C. Hardesty, Hawley, Troxell, Ennis & Hawley, Boise, ID, for defendants-appellees.

Before: BROWNING, NORRIS, and O'SCANNLAIN, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

Farmers Home Administration ("FmHA") took title to the Lazy C-H Ranch in Bear Lake County, Idaho, from a delinquent borrower, subject to a mortgage held by Farm Credit Bank of Spokane. The mortgage covered 2,135 acres of the 4,704 acre Ranch, including approximately 730 acres of wetlands.

After making payments to the Bank for a number of years, FmHA apparently concluded the debt exceeded the value of the property and quitclaimed...

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