Legal Opinion · Concurrence

Emergency Disaster Loan Ass'n v. Block

Court of Appeals for the Ninth Circuit

Decided August 17, 1981No. 79-4765Published

1ConcurrenceBoochever, Circuit Judge

Unlike the majority, I believe that the issuance of Special Instruction 441.5, although discretionary with the Secretary, could form the basis for a mandamus action against the state director of the Federal Farm Home Administration of the State of Washington, in the event of his failure to comply.

The special instruction issued by the national office of the FmHA stated in part:

State Directors and County Supervisors will inform the news media including newspapers, radio and television in the affected counties of the provisions of P.L. 93-237. A suggested news release for local use is attached…

2Cases cited5 opinions

  1. Berends v. ButzDistrict Court, D. Minnesota · 1973
  2. Mora County Board of Education v. ValdezNew Mexico Supreme Court · 1956
  3. Captain Robert S. Colson, Jr. v. Major General Bradley and Melvin LairdCourt of Appeals for the Eighth Circuit · 1973
  4. United States v. United States District Court, Central District of California, Maurice H. Friedman and John Rosselli, Real Parties in Interest. United States of America v. Maurice H. Friedman, United States of America v. John RosselliCourt of Appeals for the Ninth Circuit · 1975
  5. State Ex Rel. Bd. of Ed. of Pollock Ind. School Dist. No. 51 v. PfeifleSouth Dakota Supreme Court · 1972

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