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W.F.J., INC. v. BANK OF TIOGA

Civ. Nos. A4-84-62, A4-84-70.

605 F.Supp. 39 (1984)

W.F.J., INC., Plaintiff, v. The BANK OF TIOGA, Defendant, The BANK OF TIOGA, Plaintiff, v. W.F.J., INC.; Waconia Manufacturing Industries, Inc.; and Tioga Air Heaters, Inc., Defendants.

United States District Court, D. North Dakota, Northwestern Division.

December 18, 1984.

Attorney(s) appearing for the Case

Malcolm H. Brown, Bair, Brown & Kautzmann, Mandan, N.D., for Bank of Tioga.

John C. Thomas, Mark P. Wine, Oppenheimer, Wolff, Foster, Shepard & Donnelly, Minneapolis, Minn., Richard P. Olson, Minot, N.D., for W.F.J., Inc. and Waconia Mfg. Industries, Inc.

MEMORANDUM AND ORDER

VAN SICKLE, District Judge.

The above-captioned cases were consolidated by order dated May 2, 1984. Pursuant to F.R.Civ.P. 56, The Bank of Tioga has moved for summary judgment in its favor. W.F.J., Inc. (W.F.J.) and Waconia Manufacturing Industries, Inc. (Waconia) have also moved for summary judgment in their favor.

FACTS

The sole issue in this controversy is which party has the superior security interest

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