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J.R. SIMPLOT CO. v. VOGT

No. 2622-3.

23 Wn. App. 24 (1979)

592 P.2d 1128

J.R. SIMPLOT COMPANY, Respondent, v. ALTON VOGT, ET AL, Defendants, ROBERT BATES, Appellant.

The Court of Appeals of Washington, Division Three.

March 29, 1979.

Attorney(s) appearing for the Case

Miller, Sackman & Kagele and W. Walters Miller, for appellant.

Ries & Kenison, Darrell E. Ries, and Larry W. Larson, for respondent.

McINTURFF, J.

Defendant, Robert Bates, appeals a summary judgment dismissing his seed lien foreclosure.

The undisputed facts are simple. Defendant supplied Alton and Jeffrey Vogt and their respective spouses potato seed in the spring of 1975. Within the statutory period, defendant filed his notice of seed lien. Harvesting of the potato crop terminated November 16, 1975. In March 1976, plaintiff commenced suit to foreclose1 a security...

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