Public Service Commission v. Wimbledon Grain Co.

20020274 Public Service Commission, Petitioner and Appellee
v.
Wimbledon Grain Co., Respondent
v.
Mike Clemens, Individually
and on Behalf of Other Creditors, Intervenors and Appellants
------------
Employers Mutual Casualty Company, Intervenor and Appellee
and
Security State Bank of North Dakota, Intervenor and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Burt L. Riskedahl
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Wheeler Wolf
Appellee: William W. Binek , Spec. Asst. Atty. Gen.
Appellee: Anderson, Bottrell, Sanden & Thompson
Appellee: Olson & Burns P.C.
Term: 02/2003   Argument: 02/13/2003  2:45pm
ND cite: 2003 ND 104
NW cite: 663 N.W.2d 186

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Two issues are presented for review:
1) Whether the District Court erred in ruling that farmers who sold grain pursuant to a credit-sales contract and who have not been paid for their grain by a licensed grain buyer that has become insolvent are not "claimants" under the trust fund to be established by the Public Service Commission, pursuant to N.D.C.C.  60-02.1-30 and 60-02.1-34.
2) Whether the District Court erred in ruling that the Public Service Commission has no duty to marshall assets for the trust fund for the benefit of holders of valid credit-sales contracts which are unpaid by a grain buyer that has become insolvent.

Appellee's Statement of the Issues:
I. Whether the district court erred in ruling that farmers who sold grain pursuant to a credit-sale contract and who have not been paid for their grain by a licensed grain buyer that has become insolvent are not "claimants" under the trust fund to be established by the Public Service Commission, pursuant to N.D.C.C.  60-02.1-30 and 60-02.1-34.
II. Whether the district court erred in ruling that the Public Service Commission has no duty to marshall assets for the trust fund for the benefit of holders of valid credit-sales contracts which are unpaid by a grain buyer that has become insolvent.

Appellee's Statement of the Issues:
1. Whether the trial court erred in finding that the farmers comprising the Wimbledon Grain Farmers Group are not "claimants" and beneficiaries of the trust fund established under N.D.C.C.  60-02.1-30.
2. Whether the trial court erred in finding that the Public Service Commission is not obligated to marshal assets for the benefit of the unpaid holders of credit-sales contracts under N.D.C.C.  60-02.1-34.

Employers Mutual Casualty Co.'s Statement of Issues
1. Whether the District Court erred in holding that farmers who sold grain pursuant to a credit-sales contract are not claimants to the trust fund established by the North Dakota Public Service Commission (hereinafter "PSC").
2. Whether the District Court erred in ruling that the PSC does not have a duty to marshall assets for the trust fund for the benefit of holders of credit-sale contracts.
Add Docket 20020274 RSS Add Docket 20020274 RSS

Docket entries:
110/03/2002 NOTICE OF APPEAL: 10/01/2002
210/03/2002 ORDER FOR TRANSCRIPT: 10/01/2002
310/15/2002 Acknowledgment of Order for Transcript and request for RETENTION OF RECORD ON APPEAL: 11/20/2002
410/24/2002 MOTION SECURITY STATE BANK'S MOTION FOR AN ORDER TO STAY OR SUSPEND APPEAL, Brief and Appendix
510/24/2002 in Support of Motion
610/30/2002 ACTION BY SUPREME COURT. denied
710/30/2002 Order Denying Motion to Stay or Suspend Appeal Mailed to Parties
811/05/2002 TRANSCRIPT DATED July 8, 2002
911/05/2002 DISK - Transcript
1011/06/2002 RECORD ON APPEAL (3 volumes)
1112/16/2002 APPELLANT BRIEF
1212/16/2002 Attached addendum to Appellant's Brief
1312/16/2002 APPELLANT APPENDIX
1412/17/2002 DISK - ATB
1501/15/2003 APPELLEE BRIEF (Public Service Commission)
1601/16/2003 Attached addendum to Appellee Brief (PSC)
1701/15/2003 DISK - AEB (PSC)
1801/16/2003 APPELLEE BRIEF (Security State Bank of ND)
1901/16/2003 Attached addendum to AEB Security State Bank
2001/16/2003 APPELLEE BRIEF (Employers Mutual Casualty Co.)
2101/16/2003 Attached addendum to AEB Employer Mutual Casualty)
2201/17/2003 DISK - AE2 (Security State Bank of ND)
2301/17/2003 DISK - AE3 (Employers Mutual Casualty Co.)
2401/17/2003 MOTION FOR ADDITIONAL TIME AT ORAL ARGUMENTS
2501/17/2003 ACTION BY CHIEF JUSTICE (Appellees granted an addtl. 10 min. -- total of 30 min. for OA). Granted
2601/20/2003 ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W.
2701/22/2003 Original and seven copies of the signature page for the Request for Additional time at OA
2801/22/2003 MOTION FOR ADDITIONAL TIME
2901/22/2003 ACTION BY ACTING CHIEF JUSTICE. Denied
3001/22/2003 MOTION FOR MODIFICATION OF PAGE LIMIT OF REPLY BRIEF
3101/22/2003 ACTION BY ACTING CHIEF JUSTICE (granted 8 additional pages for reply brief). Granted
3201/23/2003 Letter dtd 1-21-03 from David T. DeMars (counsel for Wimbledon Grain Co.) has not been and will
3301/23/2003 not be actively participating in the case, either in briefing or oral argument
3401/31/2003 SITTING WITH THE COURT: Hodny, William F.
3502/04/2003 MOTION TO STRIKE MATERIALS FROM ADDENDA & Brief in support. RspDue: 02/11/2003
3602/04/2003 MOT. EXT/TIME REPLY BRIEF (sua sponte; reply over the word limit)
3702/04/2003 ACTION BY CLERK (sua sponte to allow time for editing down to word limit). Granted: 02/10/2003
3802/07/2003 REPLY BRIEF
3902/07/2003 DISK - RYB (e-mailed)
4002/07/2003 Appellants/Invervening Respondents' Request to supplement record w/U.S. Dist. Ct. Order
4102/07/2003 (w/Judge Webb's Order dated 2-04-03 in U.S. Dist. Ct. No. A3-02-46 attached)
4202/10/2003 Security State Bank's Objection to Motion to Strike Materials from Addenda of Briefs of
4302/10/2003 Employers Mutual Casualty and Security State Bank
4402/10/2003 Employer Mutual Casualty Company's Brief in Response to Appellant's Motion to Strike Materials
4502/10/2003 from Addendum of Briefs of Employers Mutual Casualty Co. and Security State Bank
4602/12/2003 ACTION BY SUPREME COURT (Motion to Strike granted). Granted
4702/12/2003 ACTION BY SUPREME COURT (Court will take notice of the 2-04-03 Order of U.S. Dist. Ct. Judge. Granted
4802/12/2003 Rodney S. Webb
4902/13/2003 APPEARANCES: Sarah Vogel, Beth A. Baumstark; William W. Binek; Richard P. Olson; Lowell P. Botrell
5002/13/2003 ARGUED: Vogel; Binek; Olson; Bottrell (Vol. Y; Page 87)
5102/13/2003 ORAL ARGUMENT WEBCAST
5206/17/2003 DISPOSITION: REVERSED AND REMANDED
5306/17/2003 UNANIMOUS OPINION: Kapsner, Carol Ronning
5406/17/2003 Costs on appeal taxed in favor of appellants
5506/18/2003 Judgment Mailed to Parties
5607/14/2003 MANDATE
5707/17/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
5808/22/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/02/2014