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STOCKMEN'S LIVESTOCK v. NORWEST BANK OF SIOUX CITY

Nos. 97-1396, 97-1397.

135 F.3d 1236 (1998)

STOCKMEN'S LIVESTOCK MARKET, INC., Appellee, v. NORWEST BANK OF SIOUX CITY, NA, Appellant. STOCKMEN'S LIVESTOCK MARKET, INC., Appellant, v. NORWEST BANK OF SIOUX CITY, NA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 6, 1998.

Attorney(s) appearing for the Case

Thomas Bennin, Minneapolis, MN, argued (Tamara A. Wilka and Gary J. Pasby, Sioux Falls, SD, on the brief), for appellant.

Steven M. Johnson, Sioux Falls, SD, argued, for appellee.

Before BOWMAN, BRIGHT and MURPHY, Circuit Judges.

BRIGHT, Circuit Judge.

Stockmen's Livestock Market ("Stockmen's") filed this action against Norwest Bank of Sioux City, NA ("Norwest"), alleging that Norwest defrauded and deceived Stockmen's by characterizing Norwest's lending and banking relationships with D & R Feedlots, Inc. ("D & R") as "satisfactory," and by breaching its promise to honor one of D & R's nonsufficient funds ("NSF") checks. Stockmen's also claimed that Norwest converted funds "belonging...

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