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KING v. BERGLAND

Civ. A. No. 80-K-276.

517 F.Supp. 1363 (1981)

Robert E. KING, Plaintiff, v. Robert S. BERGLAND, in his official capacity as Secretary, United States Department of Agriculture; Grant Buntrock, in his official capacity as Deputy Administrator, Agricultural Stabilization and Conservation Service, Defendants.

United States District Court, D. Colorado.

July 21, 1981.

Attorney(s) appearing for the Case

Henry W. Ipsen, Denver, Colo., for plaintiff.

Roland J. Brumbaugh, Asst. U. S. Atty., Denver, Colo., for defendants.

ORDER

KANE, District Judge.

Plaintiff seeks judicial review of an Agricultural Stabilization and Conservation Service (ASCS) decision denying his eligibility to receive prevented planting disaster payments under the 1978 Wheat Program. Plaintiff contends that ASCS' denial of the prevented planting payments was inconsistent with underlying statutory authority and supported by insufficient evidence. Defendants contend that their interpretation of the statutory...

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