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GARDEN v. CENTRAL NEBRASKA HOUSING CORP.

No. 12-2344.

719 F.3d 899 (2013)

Richard P. GARDEN, Jr., Trustee, Plaintiff-Appellee v. CENTRAL NEBRASKA HOUSING CORP., Defendant-Appellant Pinnacle Bank, of Newcastle Wyoming; Security First Bank, Defendants Rick Roberts; Loretta Sue Roberts, Defendants-Appellees John Zapata; Coljo Investments, LLC, Defendants-Appellants Pinnacle Bank; Unverzagt Feed Lot, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: June 27, 2013.

Attorney(s) appearing for the Case

Robert A. Mooney , argued, Michael J. Whaley , on the brief, Omaha, NE, for appellants.

Joe M. Hawbaker , argued, Omaha, NE, for appellees.

Before WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges.

WOLLMAN, Circuit Judge.

Richard Garden, acting as trustee for certain farm property pursuant to a deed of trust, brought this interpleader action seeking a determination of rights to the sales proceeds from an auction of the farm. Central Nebraska Housing Corp. (CNH) and John Zapata challenge the district court's1 orders: 1) denying CNH's partial motion for summary judgment, in which CNH argued that it had a contract to purchase the farm...

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