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liability for its last year, that Giove had sued Stanko, and that
Henry Stanko had sued Stanko for breach of contract.
J. Disposition of the Giove Cases
1. Default Judgment in Giove v. Cattle King, Inc.
On July 9, 1986, Giove obtained a default judgment against
Stanko in Giove v. Cattle King, Inc., Civil No. 84-C-1096, in the
amount of $824,650.59.
2. Transfers to Petitioner Voided as Fraudulent
Conveyances in Giove v. Stanko
Petitioner was a defendant in Giove v. Stanko, No. CV89-L-
236 (D. Neb.) (the Giove case). Respondent was not a party to
the Giove case. In the Giove case, Giove asked that certain
conveyances of Stanko's property to the other defendants in the
case, including petitioner, be set aside as fraudulent under the
Uniform Fraudulent Conveyance Act (Neb. Rev. Stat. secs. 36-602,
36-603, 36-604, 36-607 (1973)). Giove brought the suit in the
U.S. District Court for the District of Nebraska based on
diversity of citizenship under 28 U.S.C. section 1332. That
Court filed its Memorandum of Decision on January 11, 1991. In
it, the District Court found that petitioner and Stanko intended
to defraud Stanko's creditors, Giove v. Stanko, supra, slip op.
at 14, and that Stanko was insolvent and had been since September
17, 1984, id. at 9-10. The District Court held that Stanko's
transfers of property to petitioner on and after May 9, 1985,
were fraudulent as to then-existing and future creditors and
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