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DOWNER v. U.S. BY AND THROUGH DEPT. OF AGRICULTURE

No. CIV 93-1005.

894 F.Supp. 1348 (1995)

Leslie DOWNER, Plaintiff, v. UNITED STATES of America, acting By and Through the UNITED STATES DEPARTMENT OF AGRICULTURE and SOIL CONSERVATION SERVICE, Defendants.

United States District Court, D. South Dakota, Northern Division.

April 11, 1995.

Attorney(s) appearing for the Case

Jeffrey T. Sveen, Siegel, Barnett & Schutz, Aberdeen, SD, for plaintiff.

Bonnie P. Ulrich, U.S. Attorney's Office, Sioux Falls, SD, for defendants.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

Plaintiff brought this action for judicial review, pursuant to 5 U.S.C. §§ 701-06, of a decision by the United States Department of Agriculture [USDA], acting through the Soil Conservation Service [SOS] and the Agricultural Stabilization and Conservation Service [ASCS], depriving Plaintiff of certain USDA benefits upon determination that the Swampbuster provisions of the Food Security Act, 16...

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