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AFFILIATED FOODS, INC. v. McGINLEY

No. 86-1859.

426 N.W.2d 646 (1988)

AFFILIATED FOODS, INC., Plaintiff-Appellee, v. Roger McGINLEY, d/b/a McGinley AF Super # 809, Defendant-Appellee. FARMERS AND MERCHANTS STATE BANK, Intervenor-Appellee, Gold Buffet Franchises, Inc., Intervenor-Appellant, v. Roger B. McGINLEY, Leah Renee McGinley, and Affiliated Foods, Inc., Defendants-Appellees to Petition of Intervention.

Court of Appeals of Iowa.

May 31, 1988.

Attorney(s) appearing for the Case

Ronald L. Sutphin of Ahlers, Cooney, Dorweiller, Haynie, Smith & Allbee, Des Moines, for intervenor-appellant.

Jim Turner, St. Joseph, Missouri, and John Sandre of Scalise, Scism, Sandre & Uhl, Des Moines, for plaintiff-appellee Affiliated Foods, Inc.

Heard by SCHLEGEL, P.J., and HAYDEN and SACKETT, JJ.

SCHLEGEL, Presiding Judge.

The intervenor-appellant, Gold Buffet Franchises, Inc. (Gold Buffet), appeals a district court ruling assigning it a third priority position behind the plaintiff-appellee, Affiliated Foods, Inc. (Affiliated Foods), and Farmers and Merchants State Bank (Bank) in the proceeds of grocery inventory now held by a receiver for a bankrupt grocery store. Gold Buffet contends that: (1) Affiliated Foods should be equitably estopped from asserting...

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