Civ. No. 2-75-283.

4 B.R. 809 (1980)

OLSEN-FRANKMAN LIVESTOCK MARKETING SERVICE, INC., Plaintiff, v. CITIZENS NATIONAL BANK of Madelia, a corporation, and John Keim, d/b/a John Keim and Sons, Defendants.

United States District Court, D. Minnesota, Second Division.

May 28, 1980.

Attorney(s) appearing for the Case

Gale Fisher, May, Johnson, Doyle, Becker & Fisher, Sioux Falls, S.D., and Grose, Von Holtum, Von Holtum, Sieben & Schmidt, Worthington, Minn., for plaintiff.

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


DEVITT, Chief Judge.

Plaintiff moves for entry of judgment on the basis of Olsen-Frankman Livestock Marketing Services, Inc. v. Citizens National Bank of Madelia, 605 F.2d 1082 (8th Cir. 1979). The Court of Appeals for the Eight Circuit in remanding this case held that plaintiff established a claim for damages subject to defenses raised by the defendant bank.

The court finds for plaintiffs...

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