ASA-BRANDT, INC. v. ADM INVESTOR SERVICES, INC.

Nos. 02-2373, 02-2374.

344 F.3d 738 (2003)

Asa-Brandt, Inc., a/k/a Asa-Brandt Partnership; Philip Asa; Keith Brandt; Robert Becker; Dennis Cink; Duane DeWaard; Beverly Everett; Richard Gardner; Edward A. Otis; Ronald L. Schmidt; Debra Schmidt; Jim Otis; Plaintiffs-Appellants; v. Adm Investor Services, Inc.; Defendant-Appellee; Fac-Marc, Inc.; Agri-Plan, Inc.; Competitive Strategies for Agriculture, Ltd.; Farmers Cooperative Society; Gold Eagle Cooperative; Defendants. Asa-Brandt, Inc., a/k/a Asa-Brandt Partnership; Philip Asa; Keith Brandt; Robert Becker; Dennis Cink; Duane DeWaard; Beverly Everett; Richard Gardner; Edward A. Otis; Ronald L. Schmidt; Debra Schmidt; Jim Otis; Plaintiffs-Appellees; v. Adm Investor Services, Inc.; Defendant; Fac-Marc, Inc.; Agri-Plan, Inc.; Competitive Strategies for Agriculture, Ltd.; Defendants; Farmers Cooperative Society; Gold Eagle Cooperative; Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 11, 2003.

Stay Granted: October 3, 2003.


Attorney(s) appearing for the Case

Nicholas P. Iavarone, argued, Chicago, Illinois (Laurel G. Bellows and Christopher L. Gallinari, on the brief), for appellants in 02-2373.

Richard K. Updegraff, argued, Des Moines, Iowa (Sean P. Moore, on the brief), for appellants in 02-2374.

Richard J. Rappaport, argued, Chicago, Illinois (Timothy C. Clenk, Amy B. Manning, and Joshua B. Silverman, on the brief), for appellee in 02-2373.

Nicholas P. Iavarone, argued, Chicago, Illinois (Laurel G. Bellows and Christopher L. Gallinari, on the brief), for appellees in 02-2374.

Before WOLLMAN, HEANEY, and MELLOY, Circuit Judges.


HEANEY, Circuit Judge.

These are appeals1 from separate orders by the district court granting summary judgment for ADM Investor Services, Inc. against Asa-Brandt, Inc., et al., and denying Farmers Cooperative Society its motions for judgment as a matter of law or a new trial. Our task in weighing these appeals has been made difficult because the record as designated by the parties often contains only abbreviated references to the testimony...

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