Opinion

Terry L. Arcoren v. Wenton Peters and John Schooler

811 F.2d 392
1987 U.S. App. LEXIS 1613

Court: Court of Appeals for the Eighth Circuit
Filed: Feb 2, 1987
Status: Published
Author: Wollman
On the bench: Heaney, Wollman, Dumbauld
Cited by: 8 cases
Authority: More cited than 25.5%

Vacated on other grounds by Terry L. Arcoren v. Wenton Peters and John Schooler, 829 F.2d 671 (1987)

The opinion

WOLLMAN, Circuit Judge,

dissenting.

The majority opinion holds that the rights of an FmHA borrower, as enunciated by this court in Allison v. Block, 723 F.2d 631 (8th Cir.1983), were clearly established at the time defendants took possession of Arcoren’s cattle in March of 1980. As I see it, such a holding is foreclosed by this court’s recent decisions in Hagemeier v. Block, 806 F.2d 197 (8th Cir.1986); and Culbreath v. Block, 799 F.2d 1248 (8th Cir. 1986). Accordingly, I respectfully dissent.

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