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FIRST AMERICAN BANK & TRUST COMPANY v. ELLWEIN

No. 75-1197.

520 F.2d 1309 (1975)

FIRST AMERICAN BANK & TRUST COMPANY et al., Appellants, v. G. W. ELLWEIN, Commissioner, etc., et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1975.

Rehearing and Rehearing Denied August 21, 1975.

Certiorari Denied January 12, 1976.

Attorney(s) appearing for the Case

Frederick E. Saefke, Jr., Bismarck, N. D., for appellants.

Frank P. Jestrab, Williston, N. D., for appellees.

Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and HEANEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 21, 1975.

Certiorari Denied January 12, 1976. See 96 S.Ct. 788.

VAN OOSTERHOUT, Senior Circuit Judge.

Plaintiff, First American Bank and Trust Company (FAB), a North Dakota corporation, has taken a timely appeal from final order of a three-judge district court dismissing its complaint upon the basis of res judicata by reason of plaintiff's prior litigation in North Dakota state courts of the federal...

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