___________ No. 96-1085 ___________ United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Gerald A. Rempfer, * District of South Dakota. * Appellant, * [UNPUBLISHED] * David Rempfer; Oscar Rempfer; * Menno State Bank, * * Defendants. *

___________ Submitted: June 14, 1996 Filed: June 21, 1996

___________ Before FAGG, BOWMAN, HANSEN, Circuit Judges. ___________ PER CURIAM.

Gerald E. Rempfer appeals from the district court's1 order denying his motion to dismiss and granting summary judgment to the United States in this action arising out of a promissory note. Having carefully reviewed the record and the parties' briefs, we conclude the judgment of the district court was correct. Accordingly, we affirm. See 8th Cir. R. 47B.

The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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