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United States Eighth Circuit


Ace Prop. & Cas. Ins. Co. v. Fed. Crop Ins. Corp., 05-2321

7 U.S.C. section 6912(e) is nothing more than "a codified requirement of administrative exhaustion" and is thus not jurisdictional. Dismissal of a breach of contract action brought by insurance companies who provide federal crop insurance against an agency is affirmed on the ground that none of the exceptions to the exhaustion doctrine excused plaintiffs' failure to exhaust their administrative remedies.

Appellate Information

  • Decided 03/16/2006
  • Published 03/16/2006

Judges

  • MURPHY, Circuit Judge., Before MURPHY, HANSEN, and SMITH, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • P. John Owen, argued, Overland Park, KS (Michael E. Tucci, Washington, D.C., on the brief), for appellant.

  • For Appellees:
  • Jane W. Vanneman, Senior Trial Counsel, DOJ, argued, Washington, D.C., for appellee.
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