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RABO AGRIFINANCE, INC. v. TERRA XXI, LTD.

No. 08-10143.

583 F.3d 348 (2009)

RABO AGRIFINANCE, INC.; Ag Acceptance Corporation, Plaintiffs-Appellees, v. TERRA XXI, LTD.; Veigel Farm Partners; Veigel Farms, Inc.; Grain Central Station, Inc.; Veigel Grain Company; Robert W. Veigel; Ella Marie Veigel; Steve Veigel; Terra Partners, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 22, 2009.

Attorney(s) appearing for the Case

Barbara Whiten Balliette (argued), Clifford Hugh Walston (argued), Diamond, McCarthy, Taylor, Finley & Lee, L.L.P., Austin, TX, for Plaintiffs-Appellees.

Frederick Leighton Durham, III (argued), Kirk Louis Pittard, Cheyenne J. Robertson, Durham & Pittard, LLP, Dallas, TX, for Defendants-Appellants.

Before JONES, Chief Judge, and WIENER and BENAVIDES, Circuit Judges.

EDITH H. JONES, Chief Judge:

This is at least the sixth case, the fourth before the Fifth Circuit, arising out of a series of loans made by Appellee Rabo Agrifinance, Inc.1 to a collection of partnerships and corporations ("the Veigel entities").2 Following defaults on these loans, Appellees sought to foreclose on their security interests in the collateral. The district...

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