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FREMONT NAT. BANK v. COLLATERAL CONTROL CORP.

Nos. 83-1302, 83-1339.

724 F.2d 1410 (1983)

FREMONT NATIONAL BANK AND TRUST COMPANY, Appellee, v. COLLATERAL CONTROL CORPORATION, Appellant. FREMONT NATIONAL BANK AND TRUST COMPANY, Appellant, v. COLLATERAL CONTROL CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 28, 1983.

Rehearing Denied February 1, 1984.

Attorney(s) appearing for the Case

Robert L. Berry, Kennedy, Holland, DeLacy & Svoboda, Omaha, Neb., for appellant Collateral Control Corp.

Lawrence H. Yost, Yost, Schafersman, Yost, Lamme & Hillis, Fremont, Neb., for appellee Fremont Nat. Bank and Trust Co.

Before BRIGHT, JOHN R. GIBSON and FAGG, Circuit Judges.

BRIGHT, Circuit Judge.

Fremont National Bank and Trust Company (the Bank) brought this diversity action against Collateral Control Corporation for an alleged misdelivery of 811 cattle held by Collateral Control for the Bank pursuant to a field warehousing arrangement. The district court1 determined that Collateral Control misdelivered 663 cattle and awarded damages to the Bank in the amount of $255,201.60, together with 12% interest from...

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