FMB-FIRST MICHIGAN BANK v. VAN RHEE

No. G86-275 CA.

681 F.Supp. 1264 (1987)

FMB-FIRST MICHIGAN BANK, Plaintiff, v. Gary VAN RHEE, et al., Defendants.

United States District Court, W.D. Michigan, S.D.

October 5, 1987.


Attorney(s) appearing for the Case

Cunningham, Mulder, & Breese, P.C. by Ronald J. Vanderveen, Holland, Mich., for plaintiff.

Dunn, Schouten & Snoap by Perry G. Pastula, Wyoming, Mich., bankruptcy trustee for estates of Kenneth and Kathleen Van Rhee.

Kluczynski, Firtz & Vogelzang by Richard Radke, Jr., Grand Rapids, Mich., for Wayland Livestock Auction.

C. Blair Mohney, Grand Rapids, Mich., for Lake Odessa Livestock Auction Inc.

Mohney, Goodrich & Titta by Bruce C. Necker, Grand Rapids, Mich., for Lake Odessa Livestock Leasing Co.

James H. Sullivan, Wyoming, Mich., for Gary Van Rhee, Karen Van Rhee, Kenneth Van Rhee, and Kathleen Van Rhee.

Miller, Johnson, Snell & Cummiskey by Richard Postman, Steven Bratschie, Grand Rapids, Mich., for Maynard VanNoord and Bank of Hudsonville.


OPINION

BENJAMIN F. GIBSON, District Judge.

I. INTRODUCTION

This matter comes before the Court pursuant to defendants' motions for summary judgment and an appeal of a magistrate's Order denying cross-plaintiff's motion to file a fourth amended complaint. This case involves the disposition of defendants Kenneth Van Rhee and Gary Van Rhee's dairy cows and funds received as a result of said disposition. The funds in dispute include monies paid by...

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