DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
052321P.pdf 03/16/2006 Ace Property and v. Federal Crop Ins.
U.S. Court of Appeals Case No: 05-2321
Southern District of Iowa
[PUBLISHED] [Murphy, Author, with Hansen and Smith, Circuit Judges]
Civil case - breach of contract. District court erred in finding that
the exhaustion requirement of 7 U.S.C. Sec. 6912(e) (the Federal Crop
Insurance Reform and Department of Agriculture Act of 1994) is
jurisdictional and in dismissing the case for lack of jurisdiction; however,
the district court's alternative finding that the case should be dismissed
because the plaintiff insurers had not exhausted their administrative
remedies was correct, and the dismissal of the case is affirmed.