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AG SERVICES OF AMERICA, INC. v. UNITED GRAIN, INC.

No. 4:98CV5008.

75 F.Supp.2d 1037 (1999)

AG SERVICES OF AMERICA, INC., An Iowa Corporation, AG Acceptance Corporation, A Delaware Corporation, Plaintiffs, v. UNITED GRAIN, INC., A Kansas Corporation; John Does 1-15, Real Names Unknown, Defendants and Third-Party Plaintiffs, v. Mark Kolling and Kimberly Kolling, Willard Holtzen, and George Gerdes, Third-Party Defendants.

United States District Court, D. Nebraska.

December 22, 1999.

Attorney(s) appearing for the Case

Tim W. Thompson, Kimberli D. Dawson, Kelley, Scritsmier Law Firm, North Platte, NE, for plaintiff.

Michael L. Johnson, Luebs, Leininger Law Firm, Grand Island, NE, for defendants and third-party defendants.

Mark Kolling, Ruskin, NE, pro se.

Jefferson Downing, Keating, O'Gara Law Firm, Lincoln, NE, Terry L. Wittler, Cline, Williams Law Firm, Lincoln, NE, for third-party defendants.

MEMORANDUM AND ORDER

KOPF, District Judge.

Three motions for summary judgment provide an opportunity to examine the Food Security Act of 1985 and the complex interplay between that federal law and the statutes of Nebraska. Given the paucity of precedent, this is a difficult task. That said, the decision to grant in part and deny in part the plaintiffs' motion, and to deny the other motions, is explained in the following portion of this opinion.

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