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VAL-LAND FARMS v. THIRD NAT. BANK

Nos. 89-5929, 89-6140 and 89-6142.

937 F.2d 1110 (1991)

VAL-LAND FARMS, INC., a Wisconsin corporation, Plaintiff-Appellant (89-5929), Cross-Appellee, Adrian Gerszewski Potato Company, a North Dakota corporation, on its own behalf and as assignee of the rights, claims, and interests of Maxine's Potato Service, Inc., a Minnesota corporation, Intervening Plaintiff-Appellant (89-5929), Cross-Appellee, Keith D. Parr, Esq.; John O. Threadgill, Esq.; Michael A. Nolan, Esq., Attorneys-Appellants (89-6140), Cross-Appellees, v. THIRD NATIONAL BANK IN KNOXVILLE, a national banking association, Defendant-Appellee, Cross-Appellant (89-6142).

United States Court of Appeals, Sixth Circuit.

Decided July 2, 1991.

Attorney(s) appearing for the Case

John O. Threadgill, Butler, Vines, Babb & Threadgill, Knoxville, Tenn., Keith D. Parr (argued), Lord, Bissell & Brook, Chicago, Ill., for plaintiff-appellant and intervening plaintiff-appellant.

Gregory G. Little (argued), John A. Lucas, Hunton & William, Knoxville, Tenn., for defendant-appellee.

John O. Threadgill, Butler, Vines, Babb & Threadgill, Knoxville, Tenn., Keith D. Parr, Lord, Bissell & Brook, Chicago, Ill., Michael A. Nolan, Knoxville, Tenn., for attorneys-appellants cross-appellees.

Before KEITH and BOGGS, Circuit Judges, and CONTIE, Senior Circuit Judge.

BOGGS, Circuit Judge.

The plaintiffs in this case are potato growers who sold potatoes to Compton Produce (a third party, not directly involved in this litigation) who went bankrupt. The plaintiffs sued Compton Produce and won a judgment. Alas, Compton Produce had no money. In discovery in that case, however, the plaintiffs found documents suggesting to them that they might have a cause of action against Compton Produce's banker, Third National. Consequently, the...

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