IN RE: TURNER GRAIN MERCHANDISING (2021)

United States Court of Appeals, Eighth Circuit.

IN RE: TURNER GRAIN MERCHANDISING, INC. Debtor Oakley Grain, Inc.; Bruce Oakley, Inc. Appellants v. M. Randy Rice; Travis Mears; Scott Mears; Travis Mears Farms, Inc.; Scott Mears Farms, Inc., doing business as Mears Brothers Farms; Turner Grain Merchandising, Inc. Appellees Agri-Petroleum Sales LLC; Agribusiness Properties LLC; Stanley Bartlett, doing business as Greenleaf Farms; Bell-Mo Seed; Benny Bollinger; Brinkley Truck Brokerage LLC; D. Faris Buchberger; CC&B Farms; Chris Zepponi Triple C Farms; Commodity Credit Corporation; Delta Grain Marketing Inc.; Does; Randle Foran, doing business as Foran Farming; Gavilon Grain LLC; Grace AG Partnership; Gracewood Farms; Lance Gray, doing business as High Roads Farms; Harper Ross Farms; Ivory Rice LLC; Martin Walker Reality Partnership; Neauman Coleman & Co LLC; Doug O'Neal; Josh Oakes; Rabo AgriFinance; Rice America, Inc.; Rice Arkansas, Inc.; Harper Ross; Seepwater Farms; Clint Stephens; John Stephens; Phil Stephens; Shirley Crow Stephens; Gene Stock; Stokes Mayberry Gin Company, Inc.; Turner Commodities, Inc.; Turner North LLC; United States Department of Agriculture; United States of America; David Wilkinson, doing business as David and Lalain Wilkinson Farms; Donald Wilkinson, doing business as Donald Wilkinson Farms; Donnie Wilkinson, doing business as Donnie and Teresa Wilkinson Farms; Keith Wilkinson, doing business as Keith Wilkinson Farms; Roger Wilkinson, doing business as Roger Wilkinson Farms Mark Randy Rice Trustee

No. 20-3207

Decided: May 20, 2021

Before SHEPHERD, GRASZ, and KOBES, Circuit Judges.

Allen V. Hankins, Stuart W. Hankins, Hankins Law Firm, P.A., Sherwoood, AR, Fletcher Curtis Lewis, Law Office of Fletcher C. Lewis, Little Rock, AR, for Appellants Gregory H. Bevel, Kathryn G. Reid, Shannon Smith Thomas, Rochelle & McCullough, Dallas, TX, Kevin P. Keech, Keech Law Firm, Little Rock, AR, Hamilton Moses Mitchell, H.M. Mitchell & Co., PLLC, Little Rock, AR, Mark Randy Rice, Rice & Associates, Little Rock, AR, Thomas S. Streetman, Streetman & Meeks, Crossett, AR, for Appellee M. Randy Rice H. David Blair, Barrett S. Moore, Blair & Stroud, Batesville, AR, for Appellees Travis Mears, Scott Mears, Travis Mears Farms, Inc., Scott Mears Farms, Inc. Rachel V. Hampton, Kevin P. Keech, Little Rock, AR, Mark Randy Rice, Rice & Associates, Little Rock, AR, James W. Tilley, Watts & Donovan, Little Rock, AR, for Appellee Turner Grain Merchandising, Inc. Hamilton Moses Mitchell, Hamilton Moses Mitchell, H.M. Mitchell & Co., PLLC, Little Rock, AR, for Trustee Mark Randy Rice, Pro Se

[Unpublished]

Oakley Grain, Inc. and its parent corporation Bruce Oakley, Inc. appeal the district court's ¹ order affirming the bankruptcy court's orders in two related adversary proceedings. Having carefully reviewed the record and the parties’ arguments on appeal, we find no basis for reversal. See Wilton v. Seven Falls Co., 515 U.S. 277, 289-90, 115 S.Ct. 2137, 132 L.Ed.2d 214 (1995) (trial courts’ decisions about propriety of hearing declaratory judgment actions are reviewed for abuse of discretion); Sears v. Sears, 863 F.3d 980, 983 (8th Cir. 2017) (bankruptcy court's conclusions of law are reviewed de novo); Moratzka v. Morris (In re Senior Cottages of Am., LLC), 482 F.3d 997, 1001 (8th Cir. 2007) (denial of leave to amend is reviewed for abuse of discretion; determination that amendment would be futile is reviewed de novo); United States v. Metro. St. Louis Sewer Dist., 440 F.3d 930, 933-35 (8th Cir. 2006) (denial of Fed. R. Civ. P. 59(e) and 60(b) motions is reviewed for abuse of discretion).

The judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas.

PER CURIAM.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law