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FIX v. FIRST STATE BANK OF ROSCOE

No. CIV 06-3027.

359 B.R. 755 (2007)

Rita E. FIX, Appellant, v. FIRST STATE BANK OF ROSCOE and John S. Lovald, Trustee, Appellees.

United States District Court, D. South Dakota, Northern Division.

February 26, 2007.

Attorney(s) appearing for the Case

Clair R. Gerry, Stuart, Gerry & Schlimgen, Sioux Falls, SD, Lee A. Schoenbeck, Schoenbeck Law, Watertown, SD, for Appellant.

Roger W. Damgaard, Woods, Fuller, Shultz & Smith, PC, Sioux Falls, SD, John Scott Lovald, Olinger, Lovald, Robbennolt, McCahren & Reimers, P.C., Pierre, SD, for Appellees.

ORDER AND OPINION

KORNMANN, District Judge.

[¶ 1] This case presents a series of acts and omissions by financial institutions, the First State Bank of Roscoe ("bank") and its holding company, Roscoe Community Bankshares, Inc., (collectively the "banks") that the court finds to be very troubling.

[¶ 2] The standards of review by this court are well known. Matters of law are reviewed de novo. Findings of fact are to be upheld unless...

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