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MERCANTILE BANK v. FARMERS & MERCHANTS STATE BANK

Nos. 89-3047, 89-3063.

920 F.2d 1539 (1990)

MERCANTILE BANK OF KANSAS CITY, Plaintiff-Appellant, Cross-Appellee, v. FARMERS & MERCHANTS STATE BANK, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Order Vacating Judgment and Dismissing Appeal March 4, 1991.

Attorney(s) appearing for the Case

Louis A. Huber, III (M. Jan Day with him on the briefs) of Smith, Gill, Fisher & Butts, Kansas City, Mo., for plaintiff-appellant.

Jerry L. Griffith of Griffith & Griffith, Derby, Kan., for defendant-appellee.

Before MOORE and BARRETT, Circuit Judges, and BRIMMER, District Judge.

BARRETT, Senior Circuit Judge.

Mercantile Bank of Kansas City (Mercantile) appeals from the district court's order and judgment dismissing with prejudice four of Mercantile's seven claims made against Farmers & Merchants State Bank (F & M) in a contract dispute. F & M cross appeals from the district court's denial of F & M's motion for summary judgment as well as the court's final order and judgment and the...

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