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NATIONAL LOAN INVESTORS, L.P. v. WESTERN SUGAR CO.

No. 7:03CV5032.

366 F.Supp.2d 881 (2005)

NATIONAL LOAN INVESTORS, L.P., Plaintiff, v. The WESTERN SUGAR COMPANY, a Delaware corporation, Defendant.

United States District Court, D. Nebraska.

April 20, 2005.

Attorney(s) appearing for the Case

Scott A. Calkins, Byam, Hoarty Law Firm, Omaha, NE, James R. Nisley, Nisley Law Firm, North Platte, NE, for Plaintiff.

Cory M. Curtis, Marc D. Flink, Paige J. Brock, Phillip S. Lorenzo, Baker, Hostetler Law Firm, Denver, CO, for Defendant.

MEMORANDUM OPINION

STROM, Senior District Judge.

This matter is before the Court on defendant, The Western Sugar Company's ("Western Sugar") motion for attorney's fees (Filing No. 36) and plaintiff National Loan Investors, L.P.'s ("National Loan") second motion to dismiss without prejudice (Filing No. 40). Both parties have submitted briefs and affidavits in support of their respective positions on these issues. In

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