Stockman Bank of Montana v. AGSCO, Inc.
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
Judge Gerald H. Rustad
| Appellant: | Nilles, Ilvedson, Plambeck & Selbo, Ltd. | |
| Appellee: | Crowley, Haughey, Hanson, Toole & Dietrich |
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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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