FIRST NAT. BANK OF MINNEAPOLIS v. FID. NAT. TIT. INS.

No. 77-1119.

572 F.2d 155 (1978)

FIRST NATIONAL BANK OF MINNEAPOLIS, a National Banking Association, Appellant, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Nebraska Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 1, 1978.


Attorney(s) appearing for the Case

Frank F. Pospishil, Abrahams, Kaslow & Cassman, Omaha, Neb., for appellant.

Robert J. Becker, Swarr, May, Smith & Andersen, Omaha, Neb., for appellee.

Before BRIGHT, WEBSTER, and HENLEY, Circuit Judges.


BRIGHT, Circuit Judge.

This litigation commenced after the collapse of a complicated scheme to develop a parcel of real estate. Defendant-appellee Fidelity National Title Insurance Company was the title insurer of the development land, and plaintiff-appellant First National Bank of Minneapolis was the short-term development lender. Their dispute is over who shall bear the monetary losses caused by encumbrances of record that are prior in right to First National's...

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