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FIX v. FIRST STATE BANK OF ROSCOE

Nos. 07-1792, 07-1798.

559 F.3d 803 (2009)

Rita FIX, Appellee, v. FIRST STATE BANK OF ROSCOE, Appellant. Rita E. Fix, Appellee, v. John S. Lovald, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 17, 2009.

Attorney(s) appearing for the Case

Roger Damgaard, argued, Sander J. Moorehead, on the brief, Sioux Falls, for appellant.

Mark F. Marshall, argued, Robert E. Hayes, on the brief, Sioux Falls, SD, for amicus.

John S. Lovald, Pierre, SD, pro se.

Lee Schoenbeck, argued, Watertown, SD, for appellee.

Before BYE, BEAM, and GRUENDER, Circuit Judges.

BYE, Circuit Judge.

This bankruptcy proceeding involves a dispute between Rita Fix and the First State Bank of Roscoe (the Bank) over Fix's home, which the Bank sold to a third party despite representing to Fix she could possess the home as long as she lived. The district court determined Fix enjoyed a homestead right in the property. The district court also determined she did not—by signing a settlement agreement with the Bank—release the claims she...

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