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APPLEY BROS. v. U.S.

Nos. CIV 92-4110, CIV 92-4037.

924 F.Supp. 935 (1996)

APPLEY BROTHERS, et al., Plaintiffs, v. UNITED STATES of America, Defendant. UNITED STATES of America, Plaintiff, v. TRANSAMERICA INSURANCE CO., Defendant.

United States District Court, D. South Dakota, Southern Division.

April 11, 1996.

Attorney(s) appearing for the Case

John J. Ulrich, U.S. Attorney's Office, Sioux Falls, SD, Peter Bonner, International Affairs, Department of Agriculture, Office of General Counsel, Washington, DC, for Plaintiff United States of America in No. CIV 92-4110.

James M. Cremer, Bantz, Gosch, Cremer, Peterson & Sommers, Aberdeen, SD, for Defendant Transamerica Insurance.

Jonathan K. VanPatten, USD School of Law, Vermillion, SD, for Plaintiff Appley Brothers, et al.

Glenn L. Roth, Freeman, SD, for Plaintiff Kaylor Grain Co., Inc.

James M. Cremer, Bantz, Gosch, Cremer, Peterson & Sommers, Aberdeen, SD, for Plaintiff Transamerica Insurance.

John J. Ulrich, U.S. Attorney's Office, Sioux Falls, SD, Bertha R. Mitrani, U.S. Dept. of Justice, Torts Branch, Civil Division, Washington, DC, Peter Bonner, International Affairs, Department of Agriculture, Office of General Counsel, Washington, DC, for Defendant United States of America in No. CIV 92-4037.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

The United States brings this action against Transamerica Insurance Company, CIV 92-4110, to collect on three Warehouseman's Bonds issued on behalf of Bird Grain Elevator in favor of the United States. Before the Court for ruling are the parties' cross-motions for summary judgment. The Court grants summary judgment for the United States and denies Transamerica's motion.

The facts essentially are...

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