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AG SERVICES OF AMERICA, INC. v. NIELSEN

No. 99-2081.

231 F.3d 726 (2000)

AG SERVICES OF AMERICA, INC., an Iowa corporation, Plaintiff-Appellee, v. John D. NIELSEN, also known as 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.

Rehearing and Rehearing Denied 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, New Mexico, for Plaintiff-Appellee.

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

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

Rehearing and Rehearing En Banc Denied December 18, 2000.*

HOLLOWAY, Circuit Judge.

This is a diversity case arising from an agricultural loan. Plaintiff/appellee Ag Services of America, Inc. (Ag Services), the lender, commenced the action in the district court against Defendant/appellant John Nielsen and Diamond Hill Farms, Clovis, Inc. (DHFC). Ag Services asserted under a number of different...

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