Howard L. Boers v. United States of America, U.S. Department of Agriculture and Richard Smiley

24 F.3d 244 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Howard L. BOERS, et al., Plaintiffs-Appellants, v. UNITED STATES of America, U.S. Department of Agriculture and Richard Smiley, Defendants-Appellees. No. 92-16508. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 13, 1994. Decided May 2, 1994. Before: SCHROEDER, D.W. NELSON, and CANBY, Circuit Judges. 1 MEMORANDUM * 2 Plaintiffs, Howard and Donna Boers and Michael and Dana Boers applied for and received an FmHA loan in order to purchase some property in Maricopa County in 1980 for a farm and dairy ranch. The plaintiffs' farming operation failed and the FmHA foreclosed on their loan in 1987. Plaintiffs' financial difficulties were caused by a combination of circumstances. First, their milk was contaminated by DDE that the government had sprayed between 1958 and 1966; second, their land was infested with stem nematode which destroyed plaintiffs' alfalfa crops; and third, some of plaintiffs'…