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UNITED STATES v. FARMERS STATE BANK

Civ. 65-95S.

249 F.Supp. 579 (1966)

UNITED STATES of America, Plaintiff, v. FARMERS STATE BANK, a Corporation, Mittan-Peterson Implement Company, a Corporation, and LeRoy E. Duke and Rose Marie Duke, Defendants.

United States District Court D. South Dakota, S. D.

January 18, 1966.

Attorney(s) appearing for the Case

Harold C. Doyle, U. S. Atty., District of South Dakota, and Gene R. Bushnell, Asst. U. S. Atty., Sioux Falls, S. D., for plaintiff.

Lyle E. Cheever, of Cheever & Mydland, Brookings, S. D., for defendant Mittan-Peterson Implement Co., a corporation.

NICHOL, District Judge.

This case is before the court on plaintiff's motion for a preliminary injunction restraining the defendant Mittan-Peterson Implement Company, hereinafter referred to as the Implement Company, from noticing for trial or pursuing its garnishment action in Circuit Court, Sanborn County, South Dakota, against the defendant Farmers State Bank and defendants LeRoy E. Duke and Rose Marie Duke.

From the affidavits submitted by both parties...

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