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U.S. v. SCHWARTZ

Nos. 94-3867, 94-3919.

90 F.3d 1388 (1996)

UNITED STATES of America, Plaintiff, Ray G. Mair, also known as Ray Mair, as personal representative for the estate of Juniet N. Mair, Appellant/Cross Appellee, v. Earl SCHWARTZ; Gladys Schwartz; Earl Schwartz Co.; Kay Schwartz York; Kathy Schwartz Mau; Ray York; Jarvis York; Jardy York; Joanna Kay York; Robert Mau; Cassandra Mau; Brekka Mau; Kara Lea Schwartz Johnson; Crookston Cattle Co., Appellees/Cross Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1996.

Rehearing Denied August 30, 1996.

Attorney(s) appearing for the Case

Emmett J. McMahon, Minneapolis, Minnesota, argued for appellant (Lateesa Thamani Agunbiade, on the brief).

Eric J. Magnuson, Minneapolis, Minnesota, argued for appellees (Richard Nygaard and Mark Mitchell, on the brief).

Before MORRIS SHEPPARD ARNOLD, FLOYD R. GIBSON and ROSS, Circuit Judges.

ROSS, Circuit Judge.

Appellant Ray Mair appeals from the district court's ruling that his bad faith misconduct relieved Earl and Gladys Schwartz and the Schwartz family partnership (the Schwartzes) of their duty to indemnify Mair on certain notes held by the FmHA. Mair also appeals from the court's grant of summary judgment in favor of the Schwartzes on Mair's claim seeking damages for breach of contract. The Schwartzes, in turn, cross-appeal on certain issues relating...

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