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U.S. v. BIRCHEM

No. 95-2519.

100 F.3d 607 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis L. BIRCHEM, also known as Dennis Lee Birchem; Connie R. Birchem, also known as Constance Rae Birchem; Defendants-Appellants, Henry P. Birchem; Evelyn C. Birchem; Chad Birchem; Roberts County, South Dakota, a political subdivision of the State of South Dakota, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided November 14, 1996.

Attorney(s) appearing for the Case

Ronald J. Hall (argued), Aberdeen, SD, for appellants.

Bonnie P. Ulrich (argued), Sioux Falls, SD, for appellee.

Before FAGG, BOWMAN, and HANSEN, Circuit Judges.

FAGG, Circuit Judge.

Dennis L. Birchem and Connie R. Birchem (the Birchems) own and operate a family farm in Roberts County, South Dakota. In 1979, the Birchems obtained a large loan from the Farmers Home Administration (FmHA). As security, the Birchems gave the FmHA a junior mortgage on their farm. Following the Birchems' prolonged failure to make payments on their loan, the FmHA filed this foreclosure action. There being no dispute about the Birchems' default, the...

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