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FOSTER v. VILSACK

No. 14-3887.

820 F.3d 330 (2016)

Arlen FOSTER; Cindy Foster, Plaintiffs-Appellants v. Tom VILSACK, Secretary, United States Department of Agriculture, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 11, 2016.

Attorney(s) appearing for the Case

Thomas A. Lawler , Parkersburg, IA, for Plaintiffs-Appellants.

Cheryl Schrempp DuPris , AUSA, Pierre, SD, for Defendant-Appellee.

Before SMITH, BYE, and BENTON, Circuit Judges.

Arlen and Cindy Foster brought this action to challenge the United States Department of Agriculture's (USDA's) determination that a portion of the Fosters' farmland is a wetland within the meaning of the pertinent federal statutes and regulations. The district court1 granted summary judgment in favor...

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