_____________ No. 95-3207SI _____________ Lanny Kay, * * Appellant, * Appeal from the United States * District Court for the Southern v. * District of Iowa. * Department of Agriculture, * [UNPUBLISHED] Daniel R. Glickman, Agent, * * Appellee. * _____________ Submitted: April 8, 1996 Filed: April 17, 1996 _____________ Before McMILLIAN and FAGG, Circuit Judges, and BURNS,* District Judge. _____________

PER CURIAM.

Lanny Kay appeals a decision of the district court upholding the Secretary of Agriculture's denial of benefits under the Disaster Assistance Act of 1988. After a careful review of the record and the parties' briefs, we affirm substantially for the reasons stated in the district court's order. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

*The HONORABLE JAMES M. BURNS, United States District Judge for the District of Oregon, sitting by designation.