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JUSTICE v. LYNG

No. CIV 87-1569-PHX-WPC.

716 F.Supp. 1567 (1988)

Brady R. JUSTICE, et al., Plaintiffs, v. Richard LYNG, Secretary, United States Department of Agriculture, Defendant.

United States District Court, D. Arizona.

June 14, 1988.

Attorney(s) appearing for the Case

Jack E. Brown, Phoenix, Ariz., Alan R. Malasky, Washington, D.C., and Bruce E. Smith, Indianapolis, Ind., for plaintiffs.

Michael A. Johns, Asst. U.S. Atty., Phoenix, Ariz., for defendant.

MEMORANDUM AND ORDER

COPPLE, Senior District Judge.

Defendant Lyng, the Secretary of Agriculture, made a motion to dismiss this action for lack of subject matter jurisdiction, for failure to state a claim on which relief can be granted, and for lack of timely and sufficient service of process.

I. BACKGROUND

The plaintiffs are wheat, barley and cotton producers who participated in Wheat, Barley, and Cotton Price Support Programs. Included...

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