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LATHAN v. BLOCK

Civ. No. A1-85-60.

627 F.Supp. 397 (1986)

Richard D. (Jake) LATHAN, Gladys Lathan, Clarence Hopmann, Frances Hopmann, Howard Rust, Sr., Jessie Rust, Larry Young, Allen D. Miller, Carole A. Miller, Howard Rust, Jr., Wilma Rust, James Brown, and Sadeania Brown, on behalf of themselves and others similarly situated, Plaintiffs, v. John R. BLOCK, Secretary of Agriculture; Frank W. Naylor, Jr., Undersecretary of Agriculture for Small Community and Rural Development; Farmers Home Administration; Charles W. Shuman, Administrator, Farmers Home Administration; All State Directors; All District Directors; and All County Supervisors, individually and in their official capacities, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

January 8, 1986.

Attorney(s) appearing for the Case

Jerold W. Barringer, Palmyra, Ill., for plaintiffs.

Dennis G. Linder, Sheila Lieber, and Merril Hirsh, Attys. U.S. Dept. of Justice, Civ. Div., Washington, D.C., Gary Annear, Asst. U.S. Atty., Fargo, N.D. (Mary Osowski & Charlene Rosen, U.S. Dept. of Agriculture, Washington, D.C., of counsel), for defendants.

MEMORANDUM AND ORDER

VAN SICKLE, Senior District Judge.

In this action, Plaintiffs seek certification of a class composed of persons who "have had FmHA [Farmers Home Administration] in either a junior or other lien position and who have had another lienholder than FmHA foreclose or begin the process of foreclosure as a result of FmHA's intentional and conspired efforts to induce the other lienholders to initiate the foreclosure, and who are or may be eligible...

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