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UNITED STATES v. BISSON

Civ. No. 85-3017.

646 F.Supp. 701 (1986)

UNITED STATES of America, Plaintiff, v. Dale L. BISSON, Defendant.

United States District Court, D. South Dakota, C.D.

August 27, 1986.

Attorney(s) appearing for the Case

Mikal Hanson, Asst. U.S. Atty., Pierre, S.D., for plaintiff.

Charles Poches, Jr., Poches & Lee, Fort Pierre, S.D., for defendant.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

INTRODUCTION

This is an action by the United States to recover the balance due on an outstanding Commodity Credit Corporation (CCC) farm storage loan and for unearned farm storage payments. Bisson concedes that the loan was made and has not been fully repaid. He asserts as a defense, however, a provision of the loan agreement which provides that the CCC will "assume" any loss of commodities mortgaged...

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