Legal Opinion

Neu Cheese Co. v. Federal Deposit Insurance

Court of Appeals for the Eighth Circuit

Decided August 10, 1987No. Nos. 86-2419, 86-2420PublishedCited by 1 opinion

1Opinion of the Court

LARSON, Senior District Judge.

Both the Federal Deposit Insurance Corporation (FDIC) and the Neu Cheese Company appeal from the district court’s order affirming a judgment entered by the bankruptcy court in favor of the FDIC. Because we agree with Neu Cheese that the bank waived any interest it had in the milk purchased by Neu Cheese, we reverse the decision of the district court and order that judgment be entered in favor of Neu Cheese.

The facts involved in the instant appeal are essentially undisputed. Debtor Lawrence Jensen was a dairy farmer. From 1964 through 1983 he borrowed money from…

2Cases cited5 opinions

  1. 13 Collier bankr.cas.2d 412, Bankr. L. Rep. P 70,704 in Re Larry Hunter and Mary Ellen Hunter, Debtors. Richard Jennen v. Larry Hunter and Mary Ellen Hunter, in Re Larry Hunter and Mary Ellen Hunter, Debtors. Richard Jennen v. Larry Hunter and Mary Ellen HunterCourt of Appeals for the Eighth Circuit · 1985
  2. Farmers State Bank v. Farmland Foods, Inc.Nebraska Supreme Court · 1987
  3. Five Points Bank v. Scoular-Bishop Grain Co.Nebraska Supreme Court · 1984
  4. State Bank, Palmer v. Scoular-Bishop Grain Co.Nebraska Supreme Court · 1984
  5. Matter of SeldenUnited States Bankruptcy Court, D. Nebraska · 1986

3Cited by1 opinion

  1. Neu Cheese Company v. Federal Deposit Insurance Corporation, as Receiver of Bank of Verdigre and Trust Company, a Nebraska Banking Corporation, Federal Deposit Insurance Corporation, as Receiver of Bank of Verdigre and Trust Company, a Nebraska Banking Corporation v. Neu Cheese CompanyCourt of Appeals for the Eighth Circuit · 1987

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