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NEU CHEESE CO. v. FEDERAL DEPOSIT INS. CORP.

Nos. 86-2419, 86-2420.

825 F.2d 1270 (1987)

NEU CHEESE COMPANY, Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver of Bank of Verdigre and Trust Company, a Nebraska Banking Corporation, Appellant. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver of Bank of Verdigre and Trust Company, a Nebraska Banking Corporation, Appellee, v. NEU CHEESE COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 10, 1987.

Attorney(s) appearing for the Case

Robert C. Guenzel, Lincoln, Neb. for appellant.

John H. Bernstein, Omaha, Neb. for appellee.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and LARSON, Senior District Judge.

LARSON, Senior District Judge.

Both the Federal Deposit Insurance Corporation (FDIC) and the Neu Cheese Company appeal from the district court's order affirming a judgment entered by the bankruptcy court in favor of the FDIC. Because we agree with Neu Cheese that the bank waived any interest it had in the milk purchased by Neu Cheese, we reverse the decision of the district court and order that judgment be entered in favor...

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