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OLSEN-FRANKMAN LIVESTOCK, ETC. v. CITIZENS NAT. BANK

No. 79-1080.

605 F.2d 1082 (1979)

OLSEN-FRANKMAN LIVESTOCK MARKETING SERVICE, INC., Appellant, v. CITIZENS NATIONAL BANK OF MADELIA, a corporation, Appellee, John Keim, d/b/a John Keim & Sons.

United States Court of Appeals, Eighth Circuit.

Decided September 26, 1979.

Attorney(s) appearing for the Case

Gale E. Fisher, May, Johnson, Doyle, Becker & Fisher, Sioux Falls, S. D., for appellant; Grose, Von Holtum, Von Holtum, Sieben & Schmidt, Worthington, Minn., on brief.

Robert M. Halvorson, Gislason, Dosland, Malecki, Gislason & Halvorson, New Ulm, Minn., for appellee.

Before HEANEY, BRIGHT and STEPHENSON, Circuit Judges.

BRIGHT, Circuit Judge.

Appellant Olsen-Frankman Livestock Marketing Service, Inc. (Olsen-Frankman), a livestock commission company operating in Sioux Falls, South Dakota, appeals from a judgment dismissing its action for damages for fraud against Citizens National Bank of Madelia, Minnesota (Bank).1 We reverse and remand for further proceedings.

At trial, Olsen-Frankman asserted that the Bank made false representations concerning...

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