Legal Opinion

Fix v. First State Bank

District Court, D. South Dakota

Decided February 26, 2007No. CIV 06-3027Published

1Opinion of the Court

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 clearly erroneous.

[¶ 3] In 1997, Rita E. Fix (“Fix”) and her husband (“parents”) entered into a contract for deed with their son and daughter-in-law (“grantees”),…

2Cases cited11 opinions

  1. W. R. Grace & Co. v. Local Union 759, International Union of the United Rubber, Cork, Linoleum & Plastic WorkersSupreme Court of the United States · 1983
  2. Muschany v. United StatesSupreme Court of the United States · 1945
  3. Schutterle v. SchutterleSouth Dakota Supreme Court · 1977
  4. Action Mechanical, Inc. v. Deadwood Historic Preservation CommissionSouth Dakota Supreme Court · 2002
  5. Western Casualty & Surety Co. v. American National Fire Insurance Co.South Dakota Supreme Court · 1982

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