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N.D. PUBLIC SERVICE COMMISSION v. CENTRAL STATES GRAIN

Civ. Nos. 10800, 10801.

371 N.W.2d 767 (1985)

NORTH DAKOTA PUBLIC SERVICE COMMISSION, Petitioner, v. CENTRAL STATES GRAIN, INC., Respondent. STATE of North Dakota ex rel. NORTH DAKOTA PUBLIC SERVICE COMMISSION as Trustee for the Benefit of OUTSTANDING RECEIPT HOLDERS OF CENTRAL STATES GRAIN, INC., Plaintiff and Appellee, v. MILLERS NATIONAL INSURANCE COMPANY, Defendant, Third-Party Plaintiff and Appellant, v. David HEPPLE and Mary A. Hepple, Third-Party Defendants.

Supreme Court of North Dakota.

July 22, 1985.

Attorney(s) appearing for the Case

Daniel S. Kuntz, Asst. Atty. Gen., Bismarck, for plaintiff and appellee State of North Dakota ex rel. North Dakota Public Service Commission.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendant, third-party plaintiff and appellant Millers Nat. Ins. Co.; argued by William A. Schlossman, Jr.

Fabian E. Noack, Carrington, for appellees-claimants Pete Florhaug, James Tenneson, Ray Walen and Wayne Ystaas.

ERICKSTAD, Chief Justice.

This appeal stems from insolvency proceedings commenced by the North Dakota Public Service Commission [PSC] against Central States Grain, Inc. [CSG]. Millers National Insurance Company [Millers], the surety on a warehouseman's bond naming CSG as principal, appeals from a district court judgment which ordered Millers to pay $195,637 plus interest, and costs not to exceed $3,063, into a trust fund created for the benefit of outstanding receipt...

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