BERGER v. CAS' FEED STORE, INC.

No. 96-1723.

577 N.W.2d 631 (1998)

Denny BERGER, David Brezina, Calvin Dostal, Stanley Dostal, Dennis Gienger, Gary Hanus, Stanley Hanus, Ada Krutzfeldt, Emma Kubik, Ray Kubik, Bruce Morrison, Sash Farms Company, Kenneth Strohbehn, Harold Vorba, Evan Wilson, Paul Wobeter, and Pete Wobeter, Appellees, v. CAS' FEED STORE, INC., Defendant, and Farmers Savings Bank & Trust-Traer, Appellant.

Supreme Court of Iowa.

April 22, 1998.


Attorney(s) appearing for the Case

Eugene J. Kopecky and Karen A. Volz of Ackley, Kopecky & Kingery, Cedar Rapids, for appellant.

James C. Ellefson and James L. Goodman of Harrison, Brennecke, Moore, Smaha & McKibben, Marshalltown, for appellees.

Christina L. Gault, Iowa Farm Bureau Federation, West Des Moines, for amicus curiae Iowa Farm Bureau Federation.

Deborah M. Tharnish of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, for amicus curiae Iowa Bankers Association.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, NEUMAN, and TERNUS, JJ.


NEUMAN, Justice.

This appeal is before us following a remand ordered in Berger v. Cas' Feed Store, Inc., 543 N.W.2d 597 (Iowa 1996) [hereinafter Berger I]. The controversy stems from the insolvency of Cas' Feed Store, Inc., and losses suffered by its farm customers when agricultural products—prepaid by the farmers— were not delivered in the spring of 1992. In Berger I we concluded that Cas' Feed...

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