No. 76-1216.

587 F.2d 415 (1978)

Robert W. MILLER and Patricia M. Miller, Harold R. Miller and Bernice Miller, Plaintiffs-Appellees, v. The FEDERAL LAND BANK OF SPOKANE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied December 7, 1978.

Attorney(s) appearing for the Case

George C. Dalthorp (argued), Crowley, Kilbourne, Huaghey, Hanson & Gallagher, Billings, Mont., for defendant-appellant.

William T. Kelly (argued), Kelly & Foley, Billings, Mont., for plaintiffs-appellees.

Before DUNIWAY and WRIGHT, Circuit Judges, and KUNZIG, Judge, United States Court of Claims.

Rehearing and Rehearing En Banc Denied December 7, 1978.

DUNIWAY, Circuit Judge:

In this civil action, jurisdiction rests upon diversity of citizenship. The plaintiffs (the Millers) are citizens and residents of Montana and the defendant is a federally chartered federal land bank having its principal office in Spokane, Washington.

The appeal is from a judgment in favor of the Millers, upon a verdict in their favor in a trial of certain issues to a...

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