J. Paul Yoder and Lowell Yoder v. Nutrena Mills, Inc.

BECK, District Judge.

This appeal, in a diversity suit with all jurisdictional requirements met, is from two judgments 1 granted on a motion for a summary judgment in an action by the appellee, hereinafter referred to as Nutrena, based on written contracts and promissory notes executed and delivered pursuant thereto, covering the appellants’ 1957 turkey raising operation, which within the credit limitations specified in the written contracts was to be financed by Nutrena.

The trial court’s decision under the motion that the record presented “no genuine issue as to any material fact”, is founded…