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OMAHA BANK, ETC. v. SIOUXLAND CATTLE CO-OP.

Nos. 65207, 65208.

305 N.W.2d 458 (1981)

OMAHA BANK FOR COOPERATIVES, A federally chartered instrumentality, Appellee, v. SIOUXLAND CATTLE COOPERATIVE, Appellant, Bunger Construction Co., Inc.; Plymouth Ready Mix Concrete Co., Inc.; Charles Neuroth; Plymouth County, Iowa; Godberson-Smith Construction Co.; Carl J. Schulte Construction Co.; Casler Electric Co., Defendants, Robert Zuber, Appellee, and George Weston, Defendant to cross-petition.

Supreme Court of Iowa.

May 13, 1981.

Attorney(s) appearing for the Case

Steven A. Carter of Carter, Sar & Edmonds, Sioux City, for appellant Siouxland.

Gerald P. Laughlin and Robert J. Banta of Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, Neb., and L. W. Rosebrook of Ahlers, Cooney, Dorweiler, Haynie & Smith, Des Moines, for appellee Omaha Bank.

George F. Madsen of Shull, Marshall & Marks, Sioux City, for appellee Zuber.

Considered by REYNOLDSON, C. J., and LeGRAND, McCORMICK, McGIVERIN, and SCHULTZ, JJ.

McGIVERIN, Justice.

Siouxland Cattle Cooperative (Siouxland) appeals from an adverse judgment on its damage claim in a law action for fraud against Omaha Bank for Cooperatives (Omaha Bank) and Robert Zuber, a bank officer, and from the trial court's order for a sheriff's deed to the bank in a foreclosure action. Siouxland claims that the trial court erred in failing to replace a juror with an alternate, in its instructions to the jury, and in ruling that Siouxland...

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