Girard v. Klopfenstein

930 F.2d 738 Robert M. GIRARD and Thomas J. Deef, Plaintiffs-Appellants, v. Ralph D. KLOPFENSTEIN; Conservation Service, an agency of the U.S. Department of Agriculture; Commodity Credit Corporation, Defendants-Appellees. No. 89-16669. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1991. Decided April 15, 1991. Sydney Berde, Doherty, Rumble & Butler, Saint Paul, Minn., for plaintiffs-appellants. Michael A. Johns, Asst. U.S. Atty., Phoenix, Ariz., for defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before HUG, ALARCON and WIGGINS, Circuit Judges. ALARCON, Circuit Judge: 1 Robert Girard and Thomas Deef appeal from the summary judgment ordered in favor of the defendants, Ralph Klopfenstein, the Agricultural Stabilization and Conservation Service, and the Commodity Credit Corporation. Girard and Deef argue that the Agricultural Stabilization and Conservation Service's debarment proceedings violate the Administrative Procedure Act and procedural due process because the regulations which establish the procedures do not require that an administrative law judge preside. We dismiss the appeal as to…