McANINCH v. TRADERS NAT. BANK OF KANSAS CITY

Nos. 85-1215, 85-1216.

779 F.2d 466 (1985)

John Charles McANINCH, Executor of the Estate of John W. McAninch; George Droege; Mrs. Chester Thompson and Jerald A. Thompson, d/b/a Thompson & Sons; Don J. Gatens; John V. Hansen; Kendall Oden; Paul Bettin; Earl Galloway; James R. Miksch; Ralph DeBruin; Ed Crall; Frank Dirks; Fred Olson; Orval L. Miller; Frank Rhodenbaugh and Albia Sales Company, Inc., Appellants, v. TRADERS NATIONAL BANK OF KANSAS CITY, Appellee. John Charles McANINCH, Executor of the Estate of John W. McAninch; George Droege; Mrs. Chester Thompson and Jerald A. Thompson, d/b/a Thompson & Sons; Don J. Gatens; John V. Hansen; Kendall Oden; Paul Bettin; Earl Galloway; James R. Miksch; Ralph DeBruin; Ed Crall; Frank Dirks; Fred Olson; Orval L. Miller; Frank Rhodenbaugh and Albia Sales Company, Inc., Appellants, v. John H. KREAMER; William L. Turner; Gage & Tucker; Wayne H. Hoecker; George Coughlin; Thomas J. Guilfoil and General Bancshares Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 13, 1985.

Rehearing Denied January 22, 1986.


Attorney(s) appearing for the Case

William Pickett, Kansas City, Mo., for appellants.

James Benjamin, Russell Jones, and Penni Johnson, Kansas City, Mo., for appellees.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge and WOLLMAN, Circuit Judge.


HENLEY, Senior Circuit Judge.

These consolidated appeals arise from two malicious prosecution actions. Between September 2, 1975 and January 20, 1976, appellants purchased cattle at the Milan Livestock Auction. In July, 1976 Traders National Bank (Traders) filed conversion actions against appellants, alleging that appellants had purchased the cattle subject to the bank's security interest. The conversion actions terminated in appellants' favor. Thereafter, appellants...

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