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HEINOLD HOG MARKET, INC. v. MCCOY

No. 83-1090.

700 F.2d 611 (1983)

HEINOLD HOG MARKET, INC., Plaintiff, v. Dennis J. McCOY a/k/a Denny McCoy; Janet E. McCoy a/k/a Janet McCoy, et al., Defendants, and George HERRMANN, Plaintiff, v. LIBERTY NATIONAL BANK & TRUST COMPANY, et al., Defendants, Larry D. Martin and John E. Grandbouche, Witnesses-Appellants.

United States Court of Appeals, Tenth Circuit.

February 18, 1983.

Attorney(s) appearing for the Case

William A. Cohan, Denver, Colo., for witness-appellant Larry D. Martin.

Cecil A. Hartman, Englewood, Colo., for witness-appellant John E. Grandbouche.

Efrain Rivera, Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Civ. Div.; C. William Lengacher, Atty., Civ. Div., Dept. of Justice, Washington, D.C.; Robert N. Miller, U.S. Atty., and Janis E. Chapman, Asst. U.S. Atty., on the brief), for appellee U.S. on Behalf of the Farmers Home Admin., U.S. Dept. of Agriculture.

David L. Thomas of Crowe & Dunlevy, Oklahoma City, Okl. (William L. Hunnicutt of Sherman & Howard, Denver, Colo., with him on the brief), for appellee Madill Bank & Trust Co.

Before McKAY, LOGAN, and SEYMOUR, Circuit Judges.

LOGAN, Circuit Judge.

This appeal arises out of ancillary discovery proceedings in the district court for the District of Colorado. The underlying litigation was commenced in federal district court in Oklahoma by Madill Bank & Trust Company and the Farmers Home Administration (FmHA) in connection with loans made by the bank and FmHA to Dennis and Janet McCoy. Discovery in the primary litigation revealed that the McCoys were disposing of collateral pledged as security...

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