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FIRST NAT. BANK & TRUST CO. v. FARMLAND INDUSTRIES

No. 92-6245.

3 F.3d 1366 (1993)

FIRST NATIONAL BANK AND TRUST COMPANY, PERRY, OKLAHOMA, as Receiver for Red Rock Farmers Cooperative, Plaintiff-Appellant, v. FARMLAND INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 25, 1993.

Attorney(s) appearing for the Case

Mark S. Grossman, Crowe & Dunlevy, Oklahoma City, OK, for plaintiff-appellant First Nat. Bank and Trust.

Gerald E. Kelley, Kelley & Kelley, P.C., Oklahoma City, OK, for defendant-appellee Farmland Industries, Inc.

Before BRORBY and McWILLIAMS, Circuit Judges, and BROWN, District Judge.

WESLEY E. BROWN, Senior District Judge.

First National Bank and Trust Company of Perry, Oklahoma, ("First National") appeals the district court's order granting summary judgment in favor of Farmland Industries, Inc. ("Farmland"). The district court concluded that First National's claim was barred by the applicable statute of limitations. We find that First National's claim is not barred by the statute of limitations; we therefore reverse and remand the case for further...

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