SACK BROS. v. GREAT PLANS CO-OP., INC.

Nos. S-99-355, S-99-463 to S-99-465, S-99-658, S-99-703, S-99-705, S-99-706.

616 N.W.2d 796 (2000)

260 Neb. 292

SACK BROTHERS, a Nebraska general partnership, et al., appellants, v. GREAT PLAINS COOPERATIVE, INC., a Nebraska corporation, appellee. Great Plains Cooperative, Inc., a Nebraska corporation, appellee, v. John Santin, appellant.

Supreme Court of Nebraska.

September 1, 2000.


Attorney(s) appearing for the Case

W. Craig Howell and James F. Cann, of Domina Law, P.C., Omaha, for appellants Sack Brothers et al. and John Santin.

Thomas C. McGowan, Robert J. Bothe, John A. Andreasen, and James J. Niemeier, of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.


WRIGHT, J.

NATURE OF CASE

This opinion addresses eight appeals which we have consolidated for purposes of oral argument and opinion. In each case, the producer alleged that contracts entered into with Great Plains Cooperative, Inc. (Great Plains), violated the Commodity Exchange Act, 7 U.S.C. § 1 et seq. (1994 & Supp. IV 1998), in that they constituted futures commodities contracts and were illusory, while Great Plains alleged that each producer...

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