UNITED STATES v. THOLEN

Civ. No. 674.

186 F.Supp. 346 (1960)

UNITED STATES of America, Plaintiff, v. Ben THOLEN and Annie N. Tholen, Defendants.

United States District Court N. D. Iowa, Cedar Rapids Division.

August 24, 1960.


Attorney(s) appearing for the Case

F. E. Van Alstine, U. S. Dist. Atty., and William R. Crary, Asst. U. S. Dist. Atty., Sioux City, Iowa, for plaintiff.

A. Fred Berger (of Berger & Shaw), Davenport, Iowa, for defendants.


GRAVEN, District Judge.

This is an action by the plaintiff as assignee of a written instrument which it alleges is the negotiable promissory note of the defendants, Ben and Annie Tholen. The plaintiff has moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

The plaintiff acquired the instrument from Allied Building Credits, Inc. by reason of indemnifying that corporation pursuant to an insurance contract negotiated...

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