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BUCHHOLZ v. ALDAYA

No. 99-2153.

210 F.3d 862 (2000)

Eileen BUCHHOLZ, Plaintiff-Appellee, v. George ALDAYA; Michael W. O'Connor; and Mariellen Ross, individually and in their official capacities with the Farm Service Agency of the United States Department of Agriculture, Defendants-Appellants,

United States Court of Appeals, Eighth Circuit.

Filed April 7, 2000.

Attorney(s) appearing for the Case

Michael B. DeMersseman, DeMersseman & Jensen, Rapid City, SD, Robert V. Krueger, Van Matre & Krueger, Mexico, MO, for Plaintiff-Appellee.

Bonnie P. Ulrich, Craig Peyton Gaumer, U.S. Attorney's Office, Sioux, Falls, SD, Barbara L. Herwig, Edward Himmelfarb, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendant-Appellants.

Before WOLLMAN, Chief Judge, ROSS and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

In 1979, Eileen Buchholz began work as a county-office employee with the Agricultural Stabilization and Conservation Service (ASCS)1 in South Dakota. In March 1995, Buchholz was given written notice that she must improve her work performance in sixty days or be terminated. On July 19, she received a Notice of Separation, effective August 2, citing her failure to improve. After unsuccessful administrative appeals,...

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