Stockman Bank of Montana v. AGSCO, Inc.

20070357 Stockman Bank of Montana, a
Montana banking corporation, Plaintiff and Appellant
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., Defendants and Appellees
and
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

Appeal from: District Court, Northwest Judicial District, McKenzie County
Judge Gerald H. Rustad
Nature of Action: Contracts
Counsel:
Appellant: Crowley, Haughey, Hanson, Toole & Dietrich, PLLP
Appellee: David James Eilertson
Term: 03/2008   Argument: 03/17/2008  10:45am
ND cite: 2008 ND 74
NW cite: 747 N.W.2d 516

Listen to recording of oral argument
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Issues: Appellant's Statement of the Issues:
Whether the District Court committed error in determining that Stockman Bank was only entitled to collect interest at the rate of 1.5% per annum on the amount returned by AGSCO/Capital Harvest to Stockman Bank collected under the Judgment dated January 27, 2006.

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Docket entries:
112/12/2007 NOTICE OF APPEAL: 12/07/2007
201/03/2008 RECORD ON APPEAL (14 VOLUMES) AND SEPARATES (ENTRY NOS. 172, 175, 176) NO ENTRY NO. 462
301/10/2008 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
401/16/2008 APPELLANT BRIEF (E-Filed) (PDF)
501/16/2008 E-FILED BRIEF (ATB) (PDF)
601/16/2008 APPELLANT APPENDIX (E-filed)
701/16/2008 E-FILED APPENDIX (E-filed) (ATA)
801/18/2008 Affidavit of Service of ATB on opposing counsel
901/18/2008 Received $25 surcharge for ATB (Receipt No. 17989)
1001/24/2008 Received 7 copies of ATB from Central Duplicating Services
1101/24/2008 Received 6 copies of ATA from Central Duplicating Services
1202/04/2008 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 1-2-08 (ENTRY 462)
1302/15/2008 APPELLEE BRIEF (e-filed)
1402/15/2008 E-FILED BRIEF (AEB)
1502/27/2008 Received $25.00 surcharge for AEB
1602/27/2008 SITTING WITH THE COURT: Bohlman, Bruce E.
1702/29/2008 REPLY BRIEF
1802/29/2008 E-FILED BRIEF (RYB)
1903/03/2008 Received copies of AEB from Central Duplicating
2003/06/2008 Received copies of RYB from Central Duplicating Services
2103/17/2008 APPEARANCES: Garth H. Sjue; David J. Eilertson
2203/17/2008 ARGUED: Sjue; Eilertson
2303/17/2008 ORAL ARGUMENT WEBCAST
2404/18/2008 DISPOSITION: REVERSED AND REMANDED
2504/18/2008 UNANIMOUS OPINION: VandeWalle, Gerald W.
2604/18/2008 Costs on appeal taxed in favor of appellant.
2705/12/2008 MANDATE
2805/19/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008