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FARM CREDIT SERVICES v. AMERICAN STATE BANK

No. 02-2641.

339 F.3d 764 (2003)

Farm Credit Services of America, Appellant, v. American State Bank, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2003. Amended August 28, 2003.

Opinion Corrected on Rehearing: August 28, 2003.

Attorney(s) appearing for the Case

Steven D. Davidson, Omaha, Nebraska, for appellant.

Edward M. Mansfield, Des Moines, Iowa, and Steven R. Jensen, Sioux City, Iowa, for appellee.

Before WOLLMAN, HEANEY, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

American State Bank ("American") returned twenty-three payable-through drafts to Farm Credit Services of America ("Farm Credit") which were drawn on Farm Credit and payable-through Wells Fargo Bank Nebraska N.A.("Wells Fargo"). Farm Credit filed suit against American for wrongful claim of late return. In a motion to dismiss, American argued that Farm Credit's complaint was barred by Availability of Funds and Collection of Checks (Regulation...

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