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CHAMBERLAIN LIVESTOCK v. ABERDEEN PRODUCTION CREDIT

No. Civ. 82-1043.

22 B.R. 750 (1982)

In re CHAMBERLAIN LIVESTOCK AUCTION, INC., a South Dakota Corporation, Chamberlain, South Dakota; Darold Mentzner, d/b/a Kimball Livestock Exchange, Kimball, South Dakota; Ericson Livestock Commission Co., Inc., a Nebraska Corporation, Ericson, Nebraska; Richard E. Reed, d/b/a Atkinson Livestock Market, Atkinson, Nebraska; Charles J. Anderberg, d/b/a Miller Livestock Sales Co., Miller, South Dakota, Plaintiffs v. ABERDEEN PRODUCTION CREDIT ASSOCIATION and Bellman Farms, Incorporated, Defendants.

United States District Court, D. South Dakota, N.D.

September 2, 1982.

Attorney(s) appearing for the Case

James M. Cremer, Greg L. Peterson, Bantz, Gosch & Cremer Law Offices, Aberdeen, S.D., and Max Gordon, Gordon & Adler, Kansas City, Mo., for plaintiffs.

Carlyle E. Richards, P.C., Aberdeen, S.D., for defendant Aberdeen Production Credit Ass'n.

William J. Pfeiffer, Aberdeen, S.D., J. Bruce Blake, Sioux Falls, S.D., for defendant Bellman Farms, Inc.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

Plaintiffs have moved that the Court vacate its Order of August 20, 1982, which dismissed this action for lack of diversity jurisdiction. Plaintiffs argue that the Court has jurisdiction over the action by virtue of 28 U.S.C. § 1331 and 28 U.S.C. § 1471(b). Under these sections, plaintiffs argue, the Court is faced with a federal question, and the parties are not required to meet diversity requirements...

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