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CLARK v. U.S. DEPT. OF AGRICULTURE

No. 07-3127.

537 F.3d 934 (2008)

Dorothy L. CLARK, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE; Mike Johanns, Secretary, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2008.

Attorney(s) appearing for the Case

Thomas A. Lawler, argued, Lawler & Swanson, Parkersburg, IA, for appellant.

Gary L. Hayward, argued, AUSA, Des Moines, IA, for appellees.

Before LOKEN, Chief Judge, JOHN R. GIBSON and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Appellant Dorothy L. Clark appeals the district court's1 refusal to grant a declaratory judgment and set aside a United States Department of Agriculture (USDA) determination that she converted wetlands in violation of the Swampbuster provisions of the Food Security Act of 1985, codified as amended at 16 U.S.C. §§ 3801, 3821-24 (2000). Because the USDA determined she had converted wetlands, Clark became...

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