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RAY E. FRIEDMAN & CO. v. JENKINS

No. 83-2008.

738 F.2d 251 (1984)

RAY E. FRIEDMAN & COMPANY, a corporation, Appellee, v. Brent Thomas JENKINS, individually and d/b/a Jenkins Stock Farms, Appellant, Clark J. JENKINS, J. Bruce Person, Casselton State Bank, a North Dakota banking corporation and the First Bank of North Dakota, Fargo, a National Banking Assoc. v. Brent Thomas JENKINS, Appellant, v. RAY E. FRIEDMAN & COMPANY, Appellee. Calen Nettum.

United States Court of Appeals, Eighth Circuit.

Decided June 28, 1984.

Rehearing Denied July 30, 1984.

Attorney(s) appearing for the Case

Ronald H. McLean, Paul F. Richard, Tenneson, Serkland, Lundberg, Erickson & Marcil, Ltd., Fargo, N.D., for appellee Ray E. Friedman & Co.

Dorsey & Whitney, James H. O'Hagan, P.A., James B. Lynch, Minneapolis, Minn., for appellant Brent Thomas Jenkins; Lamb, Schaefer & McNair, Ltd., Michael D. McNair, Fargo, N.D., of counsel.

Before LAY, Chief Judge, and Arnold, Circuit Judge, and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge.

Judgment was entered by the District Court on December 1, 1982, against appellant Brent Jenkins in the amount of $264,748.71 (plus post-judgment interest at the rate of 9.07 per cent). This sum represented a directed verdict for plaintiff-appellee Ray E. Friedman & Company, a commodity trading company, on an admitted debit balance of $224,280 (plus pre-judgment interest at 6 per cent from March 31, 1978, to December 1, 1982, less...

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