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LECKBAND v. NAYLOR

No. Civ. 3-88-167.

715 F.Supp. 1451 (1988)

James L. LECKBAND and Maureen Leckband, husband and wife, on behalf of themselves and others similarly situated, Plaintiffs, v. Frank W. NAYLOR, Jr., in his capacity as Chairman and a member of the Farm Credit Administration Board; Jim R. Billington and Marvin R. Duncan, each in his capacity as a member of the Farm Credit Administration Board; the Farm Credit Administration; Larry Buegler, in his capacity as President and Chief Executive officer of the Federal Land Bank of Saint Paul; and the Federal Land Bank of Saint Paul, Defendants.

United States District Court, D. Minnesota, Third Division.

May 17, 1988.

Attorney(s) appearing for the Case

Obert Knutson, Berry Friesen and Mark Bohnhorst, Southern Minnesota Regional Legal Services, Inc., Mankato, Minn., for plaintiffs.

Theodore Hirt and Neal Dittersdorf, Dept. of Justice, Washington, D.C., for defendants Naylor, Billingston, Duncan and Farm Credit Admin.

James B. Loken, Elizabeth L. Taylor and D. Charles MacDonald, Faegre & Benson, Minneapolis, Minn., for defendants Buegler and Federal Land Bank of St. Paul.

ORDER

DEVITT, District Judge.

Plaintiff has moved for a declaration of his right of first refusal under 12 U.S.C. § 2219a(b) prior to public sale of his former farmland and for a permanent injunction against defendant Federal Land Bank of St. Paul's (FLB) selling the farmland by public auction without affording him such right. Defendant FLB has cross-motioned for dismissal on various grounds.

A. Declaratory Relief

Plaintiff's motion...

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