- 41 - On March 11, 1987, the Eighth Circuit issued its opinion in United States v. Great Plains Gasification Associates, 813 F.2d 193 (8th Cir. 1987). The Court of Appeals affirmed the judgment of the District Court, though on different grounds, holding that the North Dakota redemption statute did not apply to the foreclosure of a loan, such as the FFB loan, that was guaranteed pursuant to the Federal Nonnuclear Research and Development Act of 1974.21 In so doing, however, the Court of Appeals confirmed the nature of the redemption rights that North Dakota law would otherwise afford, stating: Were we to reverse the district court and look to North Dakota law for our rule of decision Great Plains would have the right to redeem at any time up to one year after judicial sale. N.D. Cent. Code � 32-19-18 (1976). During this period Great Plains would be entitled to the possession, rents, use, and benefit of the plant. N.D. Cent. Code � 28-24-11 (1974). * * * [United States v. Great Plains Gasification Associates, supra at 195.] The Court of Appeals did not question ANR’s standing to pursue the litigation as a partner of the partnership. Petition for Writ of Certiorari On July 15, 1987, ANR, as a general partner of Great Plains Gasification Associates, filed a timely petition for a writ of certiorari with the U.S. Supreme Court, seeking review of the judgment of the Eighth Circuit. The petition, filed by a legal 21 The Court of Appeals for the Eighth Circuit held further that the District Court did not err in refusing to grant the partnership an equitable right of redemption.Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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