WABASSO STATE BANK v. CALDWELL PACKING CO.

No. 45725.

251 N.W.2d 321 (1976)

WABASSO STATE BANK, Appellant, v. CALDWELL PACKING COMPANY, Respondent, Robel Beef Packers, Inc., Respondent.

Supreme Court of Minnesota.

Rehearing Denied March 17, 1977.


Attorney(s) appearing for the Case

Schmidt, Thompson, Lindstrom & Thompson and John E. Mack, Willmar, for appellant.

Fredrikson, Byron, Colborn, Bisbee, Hansen & Perlman and Jerome B. Pederson, Minneapolis, for Caldwell.

Blethen, Ogle, Gage & Krause and Bailey W. Blethen, Mankato, for Robel.

John S. Jackson, Minneapolis, for Minn. Bankers Ass'n, amicus curiae, seeking reversal.

Heard before OTIS, PETERSON, and YETKA, JJ., and considered and decided by the court en banc.


OTIS, Justice.

In this action plaintiff alleges that defendants purchased and converted to their own use certain feeder cattle in which plaintiff has a security interest. The trial court granted defendants summary judgment, holding that plaintiff had authorized the sale by its course of dealing with its debtor and that plaintiff's security interest did not survive the sale. We reverse.

The question presented is whether one who finances farming operations and...

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