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BANK OF AMERICA NAT. v. SHIRLEY

No. 95-2898.

96 F.3d 1108 (1996)

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee for Farmer Mac Agricultural Real Estate Trust, Series 1992-2, Appellant, v. Bobby T. SHIRLEY; Patricia E. Shirley, Shirley AG Service, Inc., Appellees. Equitable Life Assurance Society of the United States; Western Farm Credit Bank; Federal Agricultural Mortgage Corporation; Iowa Bankers Association, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided September 25, 1996.

Rehearing Denied October 23, 1996.

Attorney(s) appearing for the Case

Mark I. Levy, Washington, DC, argued (William E. Wallace, III, Edward B. Schwartz, and Leiv H. Blad, Jr., Washington, DC, K.J. Walker and Kasey W. Kincaid, Des Moines, IA, on the brief), for appellant.

Douglas E. Quinn, Omaha, NE, argued (Ronald L. Comes, on the brief), for appellees.

Before McMILLIAN, JOHN R. GIBSON and BEAM, Circuit Judges.

McMILLIAN, Circuit Judge.

Bank of America National Trust & Savings Association (BOA), as trustee for the Farmer Mac Agricultural Real Estate Trust, Series 1992-2, appeals from a final order entered in the District Court for the Southern District of Iowa granting partial summary judgment in favor of Bobby T. Shirley, Patricia Shirley and Shirley Ag-Service, Inc. (appellees). Bank of America National Trust & Savings Ass'n v. Shirley, No. 1-93-CV-100033...

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