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MARCOUX v. VAN WYK

Nos. 77-1146 and 77-1271.

572 F.2d 651 (1978)

Roy "Pat" MARCOUX, Jim Thompson, Sr., Don M. Burtenshaw and Ben D. Jernberg, a partnership, d/b/a B & J Cattle Company of Terreton, Idaho, Roy J. Henkel, Emmett Livestock Commission Company, Inc., Appellees, v. Dale VAN WYK, Appellant. Roy "Pat" MARCOUX, Jim Thompson, Sr., Don M. Burtenshaw and Ben D. Jernberg, a partnership, d/b/a B & J Cattle Company of Terreton, Idaho, Roy J. Henkel, Emmett Livestock Commission Company, Inc., Appellees, v. FIRST NATIONAL BANK OF ELDORA and the Federal Deposit Insurance Corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 29, 1978.

Rehearing Denied April 18, 1978.

Attorney(s) appearing for the Case

Thomas G. McCuskey (argued), Neiman, Neiman, Stone & Spellman, John H. Neiman, and Thomas M. Zurek, Des Moines, Iowa, on brief, for appellant, Dale Van Wyk.

John F. Veldey (argued), Cartwright, Druker & Ryden, Marshalltown, Iowa, on brief, for appellants, First National Bank of Eldora and Federal Deposit Insurance Corp.

David A. Domina (argued), Deutsch, Jewell, Otte, Gatz, Collins & Domina, Norfolk, Neb., James H. Ottman, Shook, Hardy & Bacon, Kansas City, Mo., and G. A. Cady, Hobson, Cady & Drew, Hampton, Iowa, on brief, for appellees.

Before LAY and ROSS, Circuit Judges, and LARSON, Senior District Judge.

LARSON, Senior District Judge.

These appeals involve five consolidated diversity cases, arising out of the sale of livestock by appellees, plaintiffs below, to Mid-States Livestock, Inc., an Iowa corporation, in exchange for sight drafts drawn on Mid-States. The drafts were never paid. Plaintiffs sued Mid-States; Dale Van Wyk, its treasurer and a chief stockholder; the First National Bank of Eldora, Iowa [the Bank] and its directors; Roger Jensen, the Bank's president...

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