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SMITH v. U.S. DEPT. OF AGRICULTURE

No. 4:12-cv-362 RP-CFB.

888 F.Supp.2d 945 (2012)

Ruby L. SMITH, Mark Mendenhall, Mark D. Boles, Kevin Hullinger, Lovett Farms, and Stephen C. Kyner, Plaintiffs, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Thomas J. Vilsack, in his official capacity as Secretary of the United States Department of Agriculture, Farm Services Agency, Juan Garcia, in his official capacity as Administrator of the Farm Services Agency, Iowa State Farm Service Agency, and John Whitaker, in his official capacity as Executive Director of the Iowa State Farm Service Agency, Defendants.

United States District Court, S.D. Iowa, Central Division.

August 28, 2012.

Attorney(s) appearing for the Case

Andrew Paul Lesko , Verle William Norris , Law Office of Verle W. Norris, Corydon, IA, for Plaintiffs.

Gary L. Hayward , United States Attorney, Des Moines, IA, for Defendants.

ORDER

ROBERT W. PRATT, District Judge.

Currently before the Court is Defendants' Motion to Dismiss ("MTD") filed on August 20, 2012. Clerk's No. 6. Plaintiffs filed a response on August 24, 2012 ("Resistance"). Clerk's No. 18. Defendants replied on August 27, 2012 ("Reply"). Clerk's No. 19. The matter is fully submitted.

I. FACTUAL BACKGROUND

Plaintiffs challenge Defendants' decision to close...

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