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K LAZY K RANCH, INC. v. FARM CREDIT BANK OF OMAHA

Civ. No. 90-3028.

127 B.R. 1014 (1991)

K LAZY K RANCH, INC.; Simon Kusser; and Joe Kusser, Plaintiffs, v. FARM CREDIT BANK OF OMAHA, successor-in-interest to the Federal Land Bank of Omaha; Richard L. and Bernadette A. Knox; Gerald W. and Doris J. Knox; and Todd Cowan, Defendants.

United States District Court, D. South Dakota, C.D.

May 15, 1991.

Attorney(s) appearing for the Case

James P. Hurley, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, S.D., Jonathan K. Van Patten, Vermillion, S.D., for plaintiffs.

Brent A. Wilbur, May, Adam, Gerdes & Thompson, Pierre, S.D., for defendant Federal Land Bank of Omaha.

William G. Taylor, Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, S.D., for defendants Richard L. and Bernadette A. Knox, Gerald W. and Doris J. Knox, and Todd Cowan.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

The plaintiffs, K Lazy K Ranch, Inc., Simon Kusser and Joe Kusser, filed an adversary proceeding in bankruptcy court contending that the defendant, Farm Credit Bank of Omaha (FCBO), had breached the terms of a stipulation agreement which had been approved by the bankruptcy court. The adversary proceeding was transmitted to this Court based on the bankruptcy court's finding that the defendants were entitled...

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