MAMOT FEED LOT AND TRUCKING v. HOBSON

No. 07-3129.

539 F.3d 898 (2008)

MAMOT FEED LOT AND TRUCKING, A Nebraska Partnership; Eugene P. Sonnenfeld, An Individual and On Behalf of a Class Similarly Situated; John Richter, Husband and On Behalf of a Class Similarly Situated; Rosemary Richter, Wife and on Behalf of a Class Similarly Situated; Dennis Land, Husband and on Behalf of a Class Similarly Situated; Rita Land, Wife and on Behalf of a Class Similarly Situated; Dave Vest, Husband and on Behalf of a Class Similarly Situated; Mary Vest, Wife and on Behalf of a Class Similarly Situated; Robert E. Smith, Husband and on Behalf of a Class Similarly Situated; Teresa R. Smith, Wife and on Behalf of a Class Similarly Situated; Ed Boltz, An Individual and on Behalf of a Class Similarly Situated; Ray Doggett, An Individual and on Behalf of a Class Similarly Situated, doing business as Doggett Hay Coach; Eldon Dubas, An Individual and on Behalf of a Class Similarly Situated; Dale Brabander, Husband and on Behalf of a Class Similarly Situated; Delores Brabander, Wife and on Behalf of a Class Similarly Situated; Jerry Rowse, An Individual and on Behalf of a Class Similarly Situated, Appellants, v. Scott HOBSON, Individually and in His Official Capacity, as Former President of Exchange Bank; Exchange Bank, A Federally Insured State-Charter Bank, also known as Exchange Bank of Gibbon Collectively; Exchange Company, A Nebraska Bank Holding Company; Dennis Schardt, Individually and in His Official Capacity; Susan Schardt, Individually and in Her Official Capacity; Brian Schardt, Individually and in His Official Capacity; Tom Baxter, Individually and in His Official Capacity; Sue Bolin, Individually and in Her Official Capacity; Allissa Kroll Bombeck, Individually and in Her Official Capacity; Janet Carr, Individually and in Her Official Capacity; Linda Clevenger, Individually and in Her Official Capacity; Craig Dewalt, Individually and in His Official Capacity; Vaughn Duncan, Individually and in His Official Capacity; Stephen England, Individually and in His Official Capacity; Kim Hannon, Individually and in Her Official Capacity; Roger Heffelfinger, Individually and in His Official Capacity; Michelle High, Individually and in Her Official Capacity; Tim Horacek, Individually and in His Official Capacity; Kevin Hynes, Individually and in His Official Capacity; Heather Jurgens, Individually and in Her Official Capacity; Jeff Konen, Individually and in His Official Capacity; Dee Krolikowski, Individually and in Her Official Capacity; Sheri Lyons, Individually and in Her Official Capacity; Pat Manfull, Individually and in Her Official Capacity; Patrick McGuire, Individually and in His Official Capacity; Pat Meyer, Individually and in Her Official Capacity; Rebecca Rathjen, Individually and in Her Official Capacity; Deb Slack, Individually and in Her Official Capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 26, 2008.


Attorney(s) appearing for the Case

Robert M. Cook, argued, Phoenix, AZ, for appellants.

Rebecca S. Yocum, argued, Kansas City, MO (Robin K. Carlson, Kansas City, MO, Victor C. Padios, Omaha, NE, Terry R. Wittler, Lincoln, NE, on the brief), for appellees.

Before RILEY, HANSEN, and ARNOLD, Circuit Judges.


HANSEN, Circuit Judge.

Appellants were each either customers of the Exchange Bank of Gibbon (Bank) or have been sued by the Bank. The appellants brought this action as a class action against the Bank, its holding company, and various shareholders, officers, and employees of the Bank, following the criminal indictment of Scott Hobson, the Bank's president, for defrauding the bank of nearly one million dollars. The appellants brought federal usury and antitying claims...

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