Legal Opinion

Lopez v. Bergland

District Court, N.D. California

Decided April 18, 1978No. C 73 1769 WTSPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

SWEIGERT, District Judge.

This is an action challenging the constitutionality of Section 311(a) of the Consolidated Farmers Home Administration Act of 1961 [7 U.S.C. § 1941(a)], which specifically limits the class of persons eligible for farm operating loans under the Act to United States citizens.

The action is presently before the court on the defendants’ motion for summary judgment upon an agreed statement of facts. 1

Plaintiff 2 contends that this citizenship requirement denies him due process under the Fifth Amendment 3 — both in its procedural and substantive equal…

2Cases cited15 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Bolling v. SharpeSupreme Court of the United States · 1954
  3. Flemming v. NestorSupreme Court of the United States · 1960
  4. Mathews v. DiazSupreme Court of the United States · 1976
  5. East Texas Motor Freight System, Inc. v. RodriguezSupreme Court of the United States · 1977

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3Cited by3 opinions

  1. Frazier v. City of RichmondCalifornia Court of Appeal · 1986
  2. Carlos Campos, Ismael Rodriguez, Javier Navarro, Individually and on Behalf of All Others Similarly Situated v. Federal Communications CommissionCourt of Appeals for the Seventh Circuit · 1981
  3. Yuen v. Internal Revenue ServiceDistrict Court, S.D. New York · 1980

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