FEDERAL LAND BANK OF ST. LOUIS v. CUPPLES BROS.

No. 89-1491.

889 F.2d 764 (1989)

The FEDERAL LAND BANK OF ST. LOUIS, Appellee, v. CUPPLES BROTHERS, a Partnership; Horace E. Cupples, Jr.; Jacob W. Cupples, a/k/a J.W. Cupples and Thomas E. Cupples, individually and as members of the partnership; Gracie M. Cupples; Gloria J. Cupples; Dorothy A. Cupples Gush and Milton J. Gush, her husband; Stephen D. Cupples and Sandra Cupples, his wife; Gwen C. Cupples Pospisil and Mark G. Pospisil, her husband; Linda D. Cupples; Cynthia J. Cupples and Larry C. Cupples; Horace E. Cupples III and Pamela Cupples, his wife; Forrest City Production Credit Association, a federally chartered corporation; The United States of America, acting through the Farmers Home Administration, U.S. Department of Agriculture; Richard T. Doughtie III, Trustee in Bankruptcy for Malcolm Gravette, d/b/a Mac's Flying Service; The Commissioner of Revenue for State of Arkansas; Ferry Morse Seed Co.; and Simboro Farms, a partnership, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 8, 1989.

Rehearing and Rehearing Denied January 5, 1990.


Attorney(s) appearing for the Case

Roy C. Lewellen, Marianna, Ark., for appellants.

Bill Waddell, Little Rock, Ark., for appellee.

Before ARNOLD and MAGILL, Circuit Judges, and ROSS, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied January 5, 1990.

MAGILL, Circuit Judge.

The Cupples Brothers (Cupples), an Arkansas farming partnership, appeals from the district court's1 order denying its motion to restrain the sale of farmland under a foreclosure judgment entered in favor of the Federal Land Bank of St. Louis (FLB). The motion alleged that injunctive relief was needed to protect Cupples' rights under the Agricultural...

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