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AG SERVICES OF AMERICA v. NIELSEN

No. 99-2081.

235 F.3d 559 (2000)

AG SERVICES OF AMERICA, INC., an Iowa corporation, Plaintiff-Appellee, v. John D. NIELSEN, a/k/a Jack Nielsen and Diamond Hill Farms, Clovis, Inc., a New Mexico corporation, Defendants-Third-Party Plaintiffs-Third-Party Counter-Defendants-Appellants, v. Terry Lundell, Third-Party Defendant-Third-Party Counter-Claimant.

United States Court of Appeals, Tenth Circuit.

December 18, 2000.

Attorney(s) appearing for the Case

Joseph E. Manges (Paula A. Cook, with him on the brief), of Comeau, Maldegen, Templeman & Indall, LLP, Santa Fe, NM, for Plaintiff-Appellee.

Stephen S. Hamilton, Montgomery & Andrews, P.A., Santa Fe, NM, (Laurice Margheim, Curtiss, Moravek, Curtiss & Magheim, Alliance, Nebraska, with him on the briefs), for Defendants-Appellants.

Before MURPHY and HOLLOWAY, Circuit Judges, and COOK, District Judge.

ORDER ON REHEARING

On consideration of the petition for rehearing en banc filed by Plaintiff Appellee AG Services of America, Inc., the court finds and concludes as follows:

The petition argues that our opinion conflicts with more recent Tenth Circuit decisions on the scope of issue preclusion, relying on the well-established rule cited in Turney v. O'Toole, 898 F.2d 1470, 1472 n. 1 (10th Cir.1990), that issue...

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