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AGRISTOR LEASING v. SPINDLER

Civ. No. 84-1049.

656 F.Supp. 653 (1987)

AGRISTOR LEASING, a Wisconsin Partnership consisting of Agri-Stor Credit Corporation, a Delaware Corporation, and Steiner Financial Corporation, a Utah Corporation, Plaintiffs, v. Arlyn SPINDLER and Rose Spindler, Defendants and Third Party Plaintiffs, v. NORTH CENTRAL HARVESTORE, INC., a South Dakota Corporation, and A.O. Smith Harvestore Products, Inc., a Delaware Corporation, Third Party Defendants.

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

March 30, 1987.

Attorney(s) appearing for the Case

John S. Lovald, Olinger, Srstka, Lovald & Robbennolt, P.C., Pierre, S.D., for plaintiffs.

David A. Von Wald, Hoven, S.D., for defendants and third party plaintiffs.

Raymond M. Schutz, Siegel, Barnett & Schutz, Aberdeen, S.D., for third party defendant North Central Harvestore, Inc.

Robert B. Anderson, May, Adam, Gerdes & Thompson, Pierre, S.D., for third party defendant A.O. Smith Harvestore Products, Inc.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

Gentlemen:

This action was initially commenced on June 28, 1984 by Agristor Leasing (Agristor). Agristor alleges that Arlyn and Rose Spindler defaulted on an agricultural equipment lease agreement and are in wrongful possession of the equipment subject to the agreement.

Almost one month later, the Spindlers filed a third party complaint against North Central Harvestore, Inc. (NCH) and A.O...

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