___________ No. 96-2721 ___________

In re: Swanson Farms, * * Debtor. * * ---------------- * * Swanson Farms, * Appeal from the United States * District Court for the Appellant, * Western District of Missouri. * v. * [UNPUBLISHED] * United States of America * ("FmHA"), * * Appellee. * __________ Submitted: December 17, 1996 Filed: January 6, 1997 __________ Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.

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PER CURIAM.

Swanson Farms appeals the district court's1 grant of summary judgment for lack of subject matter jurisdiction. We conclude that, although the district court should have dismissed the case under Federal Rule of Civil Procedure 12(b)(1) (lack of subject matter jurisdiction) rather than through summary judgment, the case was properly dismissed. Accordingly, we affirm the judgment of the

The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri. district court. See 8th Cir. R. 47(b).

A true copy.

Attest:

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

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