Jeffrey Younkin v. BCD Farms, Inc. , 175 F. App'x 97 ( 2006 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 04-3670
    ___________
    Sandhills Cattle Feeding, Inc.,         *
    a Nebraska Corporation,                 *
    *
    Plaintiff,                  *
    *
    v.                               *
    * Appeal from the United States
    Jeffrey Younkin,                        * District Court for the District
    * of Nebraska.
    Defendant,                  *
    *      [UNPUBLISHED]
    Jeffrey Younkin,                        *
    *
    Third-Party Plaintiff/      *
    Appellee,                   *
    *
    BCD Farms, Inc., Ben Danelson,          *
    Connie Danelson,                        *
    *
    Third-Party Defendants/     *
    Appellants.                 *
    ___________
    Submitted: November 16, 2005
    Filed: March 15, 2006
    ___________
    Before ARNOLD, BEAM, and RILEY, Circuit Judges.
    ___________
    PER CURIAM.
    In the underlying action Sandhills v. Younkin, Sandhills Cattle Feeding, Inc.,
    sued Jeffrey Younkin for issuing a check to Sandhills on which Younkin stopped
    payment. In that action, Younkin brought a third-party claim against BCD Farms, Inc.
    and Ben and Connie Danelson seeking indemnity for any judgment entered against
    Younkin. A bench trial was conducted on August 30 and 31, 2004. The district
    court1 concluded that Younkin owed Sandhills $92,120.99 and that BCD Farms was
    required to indemnify Younkin, its agent, for any amounts paid by Younkin on the
    judgment. The court denied Younkin recovery from the Danelsons personally.
    Neither party disputes the findings of fact set forth in the trial court's order.
    Rather, BCD Farms claims that the court erred in its legal conclusions based upon the
    evidence presented. BCD Farms claims that Younkin was neither its agent nor was
    he authorized by BCD Farms to tender a check and stop payment to Sandhills for the
    removal of BCD Farms' cattle from Sandhills on December 31, 2001. Accordingly,
    BCD Farms argues that it should not be required to indemnify Younkin for any
    amount he pays Sandhills.
    Having carefully reviewed the record, briefs and applicable law, we agree with
    the district court's assessment of the issues. Because we have nothing to add to the
    thorough and well-reasoned analysis of the court, we affirm without additional
    discussion. See 8th Cir. R. 47B.
    ______________________________
    1
    The Honorable David L. Piester, United States Magistrate Judge for the
    District of Nebraska, sitting by consent of the parties pursuant to 28 U.S.C. § 636(c).
    -2-
    

Document Info

Docket Number: 04-3670

Citation Numbers: 175 F. App'x 97

Filed Date: 3/15/2006

Precedential Status: Non-Precedential

Modified Date: 1/12/2023