Olsen-Frankman Livestock Marketing Service, Inc. v. Citizens National Bank of Madelia, a Corporation, John Keim, D/B/A John Keim & Sons

BRIGHT, Circuit Judge.

Appellant Olsen-Frankman Livestock Marketing Service, Inc. (Olsen-Frank-man), a livestock commission company operating in Sioux Falls, South Dakota, appeals from a judgment dismissing its action for damages for fraud against Citizens National Bank of Madelia, Minnesota (Bank). 1 We reverse and remand for further proceedings.

At trial, Olsen-Frankman asserted that the Bank made false representations concerning the solvency of a cattle feeder operating under the name of John T. Keim and Sons (Keim), and that as a result OlsenFrankman was unable to stop payment on two checks…