Legal Opinion

Appley Bros. v. United States

District Court, D. South Dakota

Decided April 11, 1996No. CIV 92-4110, CIV 92-4037PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

The United States brings this action against Transamerica Insurance Company, CIV 92-4110, to collect on three Warehouseman’s Bonds issued on behalf of Bird Grain Elevator in favor of the United States. Before the Court for ruling are the parties’ cross-motions for summary judgment. The Court grants summary judgment for the United States and denies Transamerica’s motion.

The facts essentially are undisputed. Transamerica admits the government’s “Statement of Material Facts Not In Dispute,” with one exception, and as will be shown later,…

2Cases cited16 opinions

  1. United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
  2. Phillip Layton v. United States of America, Reba J. Richardson, Administratrix of the Estate of Ronnie Richardson, Deceased v. United StatesCourt of Appeals for the Eighth Circuit · 1993
  3. Giese v. EngelhardtNorth Dakota Supreme Court · 1970
  4. Massachusetts Bonding & Insurance Co. v. FeutzCourt of Appeals for the Eighth Circuit · 1950
  5. St. Paul Fire & Marine Insurance Company and Boston Insurance Company v. Commodity Credit Corporation, United Farmers Marketing Assn. And George Cochran, United States of America, Counterplaintiff-Appellant v. St. Paul Fire & Marine Insurance Company and Boston Insurance Company, Counterdefendants-AppelleesCourt of Appeals for the Fifth Circuit · 1981

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3Cited by1 opinion

  1. United States v. International Fidelity InsuranceDistrict Court, D. Kansas · 1998

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