- 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.
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