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TRYON v. FIRST NATIONAL BANK OF SIBLEY, IOWA

No. 71-1591.

462 F.2d 217 (1972)

Donald S. TRYON and Karen Tryon, Plaintiffs-Appellees, v. The FIRST NATIONAL BANK OF SIBLEY, IOWA, and Leo Carlson, Jr., Executive Vice President and Cashier of the First National Bank of Sibley, Iowa, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 20, 1972.

Attorney(s) appearing for the Case

Maurice B. Nieland and Robert E. Beebe, Sioux City, Iowa, for defendants-appellants.

Mr. Donald E. O'Brien, Sioux City, Iowa, for plaintiffs-appellees.

Before VOGEL, LAY, and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

Appellees, Donald Tryon and his wife, Karen, brought this diversity action against the First National Bank of Sibley, Iowa (Bank), and its executive vice-president, Leo Carlson. The Tryons' complaint alleged that the Bank, through its agent Carlson, negligently filed a false financing statement whch indicated that the plaintiffs were indebted to the Bank. As a result of this filing, plaintiffs claim...

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