W.B. FARMS v. FREMONT NAT. BANK & T. CO.

Nos. 84-1442, 84-1480.

756 F.2d 663 (1985)

W.B. FARMS, a Colorado Partnership, and Robert D. Walker and Ronald Ball, d/b/a W.B. Farms, Appellees and Cross-Appellants, v. FREMONT NATIONAL BANK AND TRUST COMPANY, a national banking corporation, Appellant and Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 7, 1985.

Rehearing Denied April 9, 1985.


Attorney(s) appearing for the Case

Lawrence Yost, Fremont, Neb., for appellant and cross-appellee.

Allen J. Kincaid, Brush, Colo., for appellees and cross-appellants.

Before ARNOLD, FAGG and BOWMAN, Circuit Judges.


ARNOLD, Circuit Judge.

W.B. Farms brought this action for breach of an oral agreement it says it made with Fremont National Bank & Trust Co. It contends that Fremont National Bank agreed to pay a check made payable to W.B. Farms whenever sufficient funds came into the account of the drawer. Jurisdiction is based on diversity of citizenship, and Nebraska law governs. Fremont appeals from a judgment entered on a jury verdict against it. Three principal questions...

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