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SHAIN v. VENEMAN

No. 03-3331.

376 F.3d 815 (2004)

Robert SHAIN; James Sheetz, Plaintiffs/Appellants, v. Ann M. VENEMAN, Secretary of Department of Agriculture; Gilbert Gonzalez, Jr., Undersecretary of Agriculture for Policy and Planning; David Dowdy, Rural Development Specialist, Defendants/Appellees. City of Kinross, Iowa; Regional Utility Service Systems, Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2004.

Attorney(s) appearing for the Case

Wallace L. Taylor, Cedar Rapids, IA, argued, for appellant.

Christopher D. Hagen, Asst. U.S. Atty., Des Moines, IA, argued, for appellee.

Robert W. Goodwin, Ames, IA, argued, for amicus.

Before WOLLMAN, HANSEN, and BYE, Circuit Judges.

BYE, Circuit Judge.

Robert Shain and James Sheetz brought this action for declaratory and injunctive relief under the Administrative Procedure Act (APA), alleging the United States Department of Agriculture (USDA) would violate federal law by financing the building of a sewage-treatment plant on a flood plain near the property Mr. Shain owns and land Mr. Sheetz rents and farms outside the city of Kinross, Iowa. The district court1 granted...

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