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Ray Knoefler and Ray Knoefler, D/B/A Knoefler Honey Farms v. United Bank of Bismarck and United States of America, Golden Honey, by and Through Greg Shepherd, Trustee v. United Bank of Bismarck and United States of America, Crouse 05-27k, by and Through Bob J. Smith v. United Bank of Bismarck and United States of America
Citation: 20 F.3d 347Docket: 93-1844
Court: Court of Appeals for the Eighth Circuit; May 13, 1994; Federal Appellate Court
The appeals in cases 93-1844, 93-1858, and 93-1859 concern judgments from the U.S. District Court for the District of North Dakota involving the United Bank of Bismarck, the United States, and various appellants, including Ray Knoefler and trustees for "Crouse 05-27K" and "Golden Honey." The first judgment favored the United Bank of Bismarck in a wrongful levy suit against the United States. The second judgment favored the United States in an interpleader action concerning rights to fire insurance proceeds. The third judgment dismissed as moot a declaratory judgment action concerning lien priorities. The court dismissed appeals 93-1858 and 93-1859 because the trustees were acting pro se, which is not permitted for nonlawyers representing trusts in federal court. Citing C.E. Pope Equity Trust v. United States, it ruled that nonlawyers cannot represent entities. The appeal 93-1844, brought by Ray Knoefler, was also dismissed. Although Knoefler was not subject to the same restrictions as the trustees, he lacked standing to appeal the wrongful levy judgment as he was not a party to that case. He also could not appeal the interpleader judgment because he did not claim any insurance proceeds in the district court. While he was a defendant in the declaratory judgment action, his arguments primarily addressed the previous two cases rather than the mootness of the declaratory judgment dismissal, which was in his favor. Consequently, all appeals were dismissed.