MERRILL LYNCH, PIERCE, FENNER & SMITH v. KNUDSEN

No. 83-1798.

749 F.2d 496 (1984)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee, v. Vernon H. KNUDSEN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 2, 1984.


Attorney(s) appearing for the Case

Robert Kohorst, Harlan, Iowa, for appellant.

Marilyn S. Scheer, Des Moines, Iowa, for appellee.

Before HEANEY, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.


HEANEY, Circuit Judge.

Vernon H. Knudsen appeals from the district court's entry of summary judgment for Merrill Lynch, Pierce, Fenner & Smith, Inc., in an action on a promissory note. For reversal, Knudsen argues that the district court erred in its calculation of post-judgment interest and attorney's fees, and that estoppel by acquiescence and laches and impossibility of performance bar summary judgment. We affirm in part, and reverse in part.

Knudsen...

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