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TROSTEL v. AMERICAN LIFE & CAS. INS. CO.

No. 95-3666.

92 F.3d 736 (1996)

Anne C. TROSTEL; Harry A. Holman, Jr.; H.L. Van Metre; Charles H. Van Metre; Dorothy Hurley; Terrance M. Hurly, Cmdr.; Carol Sabey, Mrs.; Plaintiffs/Appellants, Norwest Bank Fort Collins, N.A., Trustee/Appellant, v. AMERICAN LIFE & CASUALTY INSURANCE COMPANY, Defendant/Appellee, Hawkeye Bank of Des Moines, Movant.

United States Court of Appeals, Eighth Circuit.

Decided August 14, 1996.

Attorney(s) appearing for the Case

James M. Doran, Jr., Nashville, TN, argued (John E. Quinn, John R. Caldwell and Robert M. Holliday, on the brief), for appellants.

A. Roger Witke, Des Moines, IA, argued (Richard J. Kirschman, on the brief), for appellee.

Before BOWMAN, BEAM, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

This case involves a gold clause contained in a 99-year commercial property lease originally executed in 1917. American Life & Casualty Insurance Company is the current lessee, having acquired the leasehold interest in 1990. The lessors, successors in interest to the original lessor, brought this contract action against American Life after it refused to pay its monthly rent installments in gold coin as specified in the original lease. The...

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