Stockman Bank of Montana v. AGSCO, Inc.

20060119 Stockman Bank of Montana, a
Montana banking corporation, Plaintiff and Appellee
v.
AGSCO, Inc., a North Dakota
corporation, Capital Harvest,
Inc., d/b/a Capital Harvest Finance
Company, a North Dakota
corporation, individually and
as agent for AGSCO, Inc.,
Farmers Union Oil Company of
Williston, a North Dakota
cooperative association,
MON-KOTA, Inc., a Montana
corporation, Betaseed, Inc.,
a Minnesota corporation, Central
Insurance Agency, a North
Dakota corporation, Steven D.
Cayko, a/k/a Steve Cayko, Perry
Elletson, a/k/a Perry E. Elletson,
Ron Gross, a/k/a Ronnie Gross,
Edward P. Ochs, a/k/a Eddie Ochs,
Tom Ochs, Mark Brunelle, Kelly
Brunelle, and Bill Sheldon, Defendants
and
Farmers Union Oil Company of Williston,
a North Dakota cooperative association, Third-party Plaintiff
v.
Hardy Farm, Inc., and Jim Hardy, Third-party Defendants
------------
Betaseed, Inc., a
Minnesota corporation, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, McKenzie County
Judge Gerald H. Rustad
Nature of Action: Contracts
Counsel:
Appellant: Nilles, Plambeck, Selbo & Harrie, Ltd.
Appellee: Crowley, Haughey, Hanson, Toole & Dietrich
Term: 11/2006   Argument: 11/08/2006  9:30am
ND cite: 2007 ND 27
NW cite: 727 N.W.2d 742

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the district court erred in granting a Rule 56 summary judgment motion against the defendant Betaseed, Inc. and in denying Betaseed's motion for summary judgment.


Appellee's Statement of the Issues:
A.Whether the District Court Committed Reversible Error in Granting a Summary Judgment Motion in Favor of the Plaintiff Stockman Bank of Montana and in Denying Defendant Betaseed, Inc.'s Motion for Summary Judgment By:
1.Concluding that the Bank has standing to contest the validity of Betaseed's agricultural supplier's lien;
2.Concluding that there were no genuine issues of material fact before the Court;
3.Concluding that Betaseed failed to substantially comply with the North Dakota statutory notice requirement in N.D.C.C. 35-31-02; and
4.Concluding that the intent of the notice requirement of N.D.C.C.  35-31-02 was to benefit the Bank, as lender, as well as the agricultural producer.
B.Whether the obligation to Betaseed had become due, entitling Betaseed to file an agricultural supplier's lien.

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Docket entries:
104/24/2006 NOTICE OF APPEAL: 04/12/2006
204/24/2006 ORDER FOR TRANSCRIPT: 04/12/2006
304/24/2006 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
404/25/2006 Appellant's Motion for Limited Remand to Trial Court
504/25/2006 E-FILED MOTION (Mot/Limited/Remand)
604/26/2006 ACTION BY CHIEF JUSTICE. Granted
704/27/2006 ORDER OF REMAND
805/05/2006 RETENTION OF RECORD ON APPEAL: 06/01/2006
906/02/2006 MOT. EXT/TIME TRANSCRIPT
1006/02/2006 ACTION BY TRIAL COURT. Granted: 07/03/2006
1107/03/2006 MOT. EXT/TIME TRANSCRIPT
1207/03/2006 ACTION BY CLERK (e-mailed). Granted: 07/05/2006
1307/03/2006 E-FILED MOTION (MTR)
1407/05/2006 TRANSCRIPT DATED February 3, 2005
1507/06/2006 DISK of tra dtd 2-3-06
1607/06/2006 2 corrected covers for tra dtd 2-3-05
1707/07/2006 RECORD ON APPEAL (14 VOLUMES) AND SEPARATES (ENTRY NOS. 172, 175, 176) NO ENTRY FOR 461
1808/11/2006 APPELLANT BRIEF (pdf)
1908/11/2006 E-FILED BRIEF (pdf)
2008/11/2006 APPELLANT APPENDIX (pdf)
2108/11/2006 E-FILED APPENDIX (pdf)
2208/14/2006 Received $52 surcharge fee, $25 for ATB & $27 for 54 excess ATA pages (Receipt 16942)
2308/15/2006 Made 7 copies of ATB
2408/18/2006 Copies of ATA received from CSD
2509/11/2006 APPELLEE BRIEF
2609/11/2006 APPELLEE APPENDIX
2709/11/2006 DISK of AEB
2810/24/2006 SITTING WITH THE COURT: Wefald, Robert O.
2911/08/2006 APPEARANCES: H. Malcolm Pippin; Garth H. Sjue, Garth Kallevig with Stockman's Bank
3011/08/2006 ARGUED: Pippin; Sjue
3111/08/2006 ORAL ARGUMENT WEBCAST
3202/28/2007 DISPOSITION: REVERSED AND REMANDED
3302/28/2007 UNANIMOUS OPINION: Sandstrom, Dale V.
3402/28/2007 Costs on appeal in this matter under Rule 39, N.D.R.App.P., to be taxed in favor of appellant
3503/01/2007 Order/Judgment Mailed to Parties
3603/26/2007 MANDATE
3704/02/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014