U.S. v. FITZGERALD

No. 96-1697.

109 F.3d 1339 (1997)

UNITED STATES of America, Plaintiff/Appellee, v. Gerald L. FITZGERALD; Geraldine K. Fitzgerald; Theodore J. Fitzgerald; Defendants/Appellants, State Bank of Alcester; Salberg Excavating & Supply; Sioux International; Farmers Coop Elevator; Siouxland Implement Company; South Dakota Department of Agriculture; Union County, South Dakota, a political subdivision of South Dakota; Stewart & Gerry; Boyer Ready Mix; Ben Hur Ford, Inc.; Robert E. Locke, Executor; Valley Exchange Bank; Thomas L. Mau; Hauge Associates, Inc.; Sweeney Oil Company; Sweeney I-29 Station; L & L Motor Supply; Defendants.

United States Court of Appeals, Eighth Circuit.

Decided April 7, 1997.


Attorney(s) appearing for the Case

Brian J. Donahoe, Sioux Falls, SD, argued, for appellant.

LeAnn Larson LaFave, Assistant U.S. Attorney, Sioux Falls, SD, argued, for appellee.

Before MAGILL, BEAM, and LOKEN, Circuit Judges.


BEAM, Circuit Judge.

Gerald, Geraldine, and Theodore Fitzgerald appeal from various orders entered by the district court1 in foreclosure proceedings brought by the United States after the Fitzgeralds defaulted on Farmers Home Administration (FmHA) loans. We affirm.

I. BACKGROUND

In 1968, Gerald and Geraldine Fitzgerald ("the Fitzgeralds") entered into a contract for deed with Gerald's mother, Theressa Fitzgerald, for...

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