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Granger Motors has been one of Iowa's top dealerships for over four decades, and our experienced professionals are here to help you find a top-notch automobile. Whether you're from Granger, Grimes, West Des Moines, Waukee, or Ankeny, we can put you on the road in the car of your dreams.
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The Iowa Department of Corrections utilizes a reservation system called Amelio to schedule/reserve In-Person and Video Visits. To sign up and schedule your visits please visit our visiting information page here: Institution Visiting
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Home Medical Equipment Retail Centers: We offer several retail locations where customers and their families can conveniently purchase or rent equipment. Each center is staffed with specially-trained professionals ready to talk with patients about their specific equipment needs.
Warren reassured her that jobs would not be lost because of her plan. But the exchange is a reminder that while railing against the insurance industry can score points with the progressive Democratic base, it can also alienate potential supporters in Iowa, where voters will usher in the presidential primary in less than two months.
This is an industry that employs thousands of employees in high-quality jobs," she said. All of those employees pay income taxes, sales taxes, property taxes, and the companies that they work for also pay millions in premium taxes, as well as property taxes. So it would have a significant impact on the Iowa economy generally as well as here in the Des Moines metro area."
In its reply brief, filed June 15, 1998, Land O' Lakes offered no counterargument concerning the economic loss doctrine, and still offered no argument in support of dismissing the negligent misrepresentation claim. Land O' Lakes instead concentrated the entirety of its reply brief on the CEA issue. However, that was not the end of the briefing. On August 7, 1998, when this court was on the brink of filing the present opinion, the Johnsons filed a motion to allow filing of a supplemental brief in support of their resistance to Land O' Lakes' motion for partial summary judgment. In their supplemental brief, the Johnsons present additional relevant authorities concerning the CEA issues, and arguments based thereon, as to which they assert counsel previously had no knowledge. Land O' Lakes has resisted the filing of the supplemental brief as calculated to be prejudicial and fundamentally unfair, coming as it does at the eleventh hour with no prior notice. The court will give separate consideration to the Johnsons' supplemental brief.
The court will discuss here only the nucleus of facts pertinent to the present motion for partial summary judgment. In its legal analysis, the court will address where necessary the parties' assertions of genuine issues of material fact that may preclude summary judgment. The nucleus of pertinent facts begins with an examination of the HTAs the Johnsons have entered into with Land O' Lakes' Rockwell Ag Center.
The contracts are similar in form to the FCC contracts this court discussed in Oeltjenbrun v. CSA Investors, Inc., 3 F. Supp. 2d 1044-47, 1998 WL 199042 (N.D.Iowa April 19, 1998).[1] However, there are two slightly different forms of the contract at issue here.
Larry Johnson's HTAs for soybeans, upon which Land O' Lakes contends no delivery has been made, are identical in form to the HTAs Marvin entered into. Like Marvin's, Larry's soybeans HTAs do not have the blanks for "Arrival Period," "Destination," or "Quality" filled in. Larry's soybeans HTAs therefore are as follows: (1) No. 904, dated March 29, 1996, for delivery of 5,000 bushels of soybeans with a "futures option" of January 1997, a "futures option price" of $7.36 per bushel, a deadline of December 31, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel; and (2) No. 927, dated April 19, 1996, for delivery of 15,000 bushels of soybeans with a "futures option" of November 1996, a "futures option price" of $6.08 per bushel, a deadline of October 31, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel. Only contract No. 927 bears the handwritten notation concerning service fees if rolled.
Land O' Lakes also contends that Larry Johnson has failed to deliver corn on six HTAs. However, these HTAs are in slightly different form from those entered into by Marvin Johnson or from Larry Johnson's own soybeans HTAs. First, the tabular material after paragraph 2 bears different headings: "Quantity/Bushels," "Grade & Grain," "Moisture," "Futures Option," "Futures Option Price," "Cash Basis," and "Cash Price." Immediately following the table, blanks for "Arrival Period" and "Destination," headings that were in the table in Larry Johnson's soybeans HTAs, have been added, but these blanks are not filled in on any of Larry Johnson's corn HTAs. Finally, to paragraph 5, after the blank for a date for setting cash basis and cash value, the following language has been added: "and deliver no later than ________." However, this blank has not been filled in on any of Larry Johnson's corn HTAs, either. Thus, Larry Johnson's corn HTAs at issue here are as follows: (1) No. 1004, dated April 30, 1996, for delivery of 40,000 bushels of corn with a "futures option" of July 1996, a "futures option price" of $2.51 per bushel, a deadline of June 30, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel; (2) No. 1005, dated April 30, 1996, for delivery of 15,000 bushels of corn with a "futures option" of July 1996, a "futures option price" of $3.18 per bushel, a deadline of June 30, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel; (3) No. 1006, dated April 30, 1996, for delivery of 30,000 bushels of corn with a "futures option" of July 1996, a "futures option price" of $3.58 per bushel, a deadline of June 30, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel; (4) No. 1007, dated April 30, 1996, for delivery of 65,000 bushels of corn with a "futures option" of July 1996, a "futures option price" of $2.34 per bushel, a deadline of June 30, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel; (5) No. 1008, dated April 30, 1996, for delivery of 50,000 bushels of corn with a "futures option" of July 1996, a "futures option price" of $2.61 per bushel, a deadline of June 30, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel; and (6) No. 1009, dated April 30, 1996, for delivery of 50,000 bushels of soybeans with a "futures option" of July 1996, a *992 "futures option price" of $2.82 per bushel, a deadline of June 30, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel. Each of Larry Johnson's corn HTAs at issue here bears the handwritten notation that service fees may vary if the contract is rolled. Each of Larry's corn HTAs also bears a handwritten notation that it was "rolled" from a prior HTA. 041b061a72