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AGRIBANK, FCB v. CUPPLES

No. J-C-92-285.

850 F.Supp. 780 (1993)

AGRIBANK, FCB, f/k/a The Federal Land Bank of St. Louis, Plaintiff, v. Horace E. CUPPLES, Jr., individually; and Horace E. Cupples, Jr. and the Unknown Heirs of Jacob W. Cupples d/b/a Cupples Brothers, A Partnership; Gracie Cupples; Dorothy A. Cupples; Gloria J. Cupples; Horace E. Cupples, III; Vincent Cupples; and United Agri Products Financial Services, Inc.; Defendants.

United States District Court, E.D. Arkansas, Jonesboro Division.

Order on Reconsideration October 25, 1993.

Attorney(s) appearing for the Case

William A. Waddell, Jr., Friday, Eldredge & Clark, Little Rock, AR, for plaintiff.

Roy C. Lewellen, Lewellen & Associates, Marianna, AR and Robert S. Irving, Sommermeyer, Wick, Dow & Campbell, Fort Collins, CO, for defendants.

ORDER

ROY, District Judge.

Now before the Court are the parties' cross-motions for summary judgment. The Court agrees that there are no material facts at issue and that the matters before the Court can be decided as a matter of law.

Plaintiff AgriBank, FCB, formally known as The Federal Land Bank of St. Louis (its predecessor in interest), has brought this action pursuant to the Federal Declaratory...

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