FIRST BANK OF GRANTSBURG v. HARRIS BANKING CO.

No. 81-1545.

666 F.2d 1150 (1981)

The FIRST BANK OF GRANTSBURG, Appellant, v. The HARRIS BANKING COMPANY OF HARRIS, MISSOURI, now Citizens Bank of Newton, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 11, 1981.

Rehearing Denied January 27, 1982.


Attorney(s) appearing for the Case

Duane J. Fox (argued), Burrell, Seigfreid & Bingham, P.C., Kansas City, Mo., for defendant-appellee Harris Banking Company of Harris, Missouri, Now Citizens Bank of Newtown.

Francis L. Kenney, III (argued), St. Louis, Mo., and Robert A. Brown, Jr., St. Joseph, Mo., Cook, Murphy & Kenney, St. Louis, for appellant-plaintiff, First Bank of Grantsburg.

Before HEANEY and McMILLIAN, Circuit Judges, and REGAN, Senior District Judge.


HEANEY, Circuit Judge.

The Grantsburg Bank obtained a money judgment against the Harris Bank in 1975. At that time, the banks entered into a written agreement not to execute upon the judgment. In 1980, however, Grantsburg commenced execution on its judgment, contending that Harris Bank had breached the agreement. The district court permanently stayed such execution. We reverse.

Grantsburg Bank brought a federal court action in 1972 against Harris Bank, arising...

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