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ABERDEEN PROD. CREDIT v. REDFIELD LIVESTOCK

Nos. 14819, 14844, 14821, 14845, 14822, 14840, 14833, 14841, 14834 and 14842.

379 N.W.2d 829 (1985)

ABERDEEN PRODUCTION CREDIT ASSOCIATION, a corporation, Plaintiff and Appellant, v. REDFIELD LIVESTOCK AUCTION, INC., a corporation, Defendant and Appellee. ABERDEEN PRODUCTION CREDIT ASSOCIATION, a corporation, Plaintiff and Appellant, v. FT. PIERRE LIVESTOCK AUCTION, INC., a corporation, Defendant and Appellee. ABERDEEN PRODUCTION CREDIT ASSOCIATION, a corporation, Plaintiff and Appellant, v. Charles J. ANDERBERG, d/b/a Miller Livestock Sales Co., Defendant and Appellant. ABERDEEN PRODUCTION CREDIT ASSOCIATION, a corporation, Plaintiff and Appellant, v. Darold MENTZER, d/b/a Kimball Livestock Exchange, Defendant and Appellee. ABERDEEN PRODUCTION CREDIT ASSOCIATION, a corporation, Plaintiff and Appellant, v. CHAMBERLAIN LIVESTOCK AUCTION, INC., a corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 24, 1985.

Rehearing Denied February 3, 1986.

Attorney(s) appearing for the Case

Carlyle E. Richards, P.C., Aberdeen, for plaintiff and appellant.

Rory King of Siegel, Barnett & Schutz, Aberdeen, for appellees Redfield Livestock Auction, Inc., a corporation, and Ft. Pierre Livestock Auction, Inc., a corporation.

James M. Cremer of Bantz, Gosch, Cremer, Peterson & Oliver, Aberdeen, for appellees Charles J. Anderberg, d/b/a Kimball Livestock Exchange, and Chamberlain Livestock Auction, Inc., a corporation.

Thomas C. Adam of May, Adam, Gerdes & Thompson, Pierre, for S.D. Bankers Ass'n, Inc., amicus curiae.

FOSHEIM, Chief Justice.

Aberdeen Production Credit Association (PCA) brought separate conversion actions against five South Dakota livestock auction companies or their owners (sale barns) for selling cattle in which PCA had a perfected security interest. Summary judgments were entered against PCA in all cases, which have been consolidated on appeal. We reverse.

During 1981, Bellman Farms, Inc., (Bellman Farms) was indebted to PCA for approximately a million...

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