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NORTH DAKOTA PUBLIC SERV. COMMISSION v. VALLEY FARMERS BEAN ASS'N.

Civ. Nos. 10768, 10769, and 10789.

365 N.W.2d 528 (1985)

NORTH DAKOTA PUBLIC SERVICE COMMISSION, Petitioner, v. VALLEY FARMERS BEAN ASSOCIATION, Respondent. STATE of North Dakota ex rel. NORTH DAKOTA PUBLIC SERVICE COMMISSION as Trustee for the Benefit of Outstanding Receipt Holders of Valley Farmers Bean Association, Plaintiff and Appellee, v. MILLERS NATIONAL INSURANCE COMPANY, Defendant, Third Party Plaintiff and Appellant, v. Joseph F. LARSON, Myron Brieland and Norman Erickson, Third Party Defendants and Appellants, First State Bank of Buxton, Buxton, North Dakota, First and Farmers Bank, Portland, North Dakota, and Bank of North Dakota, Bismarck, North Dakota, Appellants.

Supreme Court of North Dakota.

March 27, 1985.

Attorney(s) appearing for the Case

Conmy, Feste, Bossart, Hubbard & Corwin, Fargo, for Millers Nat. Ins. Co.; argued by Wickham Corwin, Fargo.

Bruce E. Bohlman, Grand Forks, for Joseph F. Larson, Myron Brieland and Norman Erickson.

Jerald L. Engelman, of Vinje & Engelman, Mayville, and Damon E. Anderson, Grand Forks, for First State Bank of Buxton, Buxton; First and Farmers Bank, Portland; and Bank of N.D., Bismarck; argued by Damon E. Anderson, Grand Forks.

Daniel S. Kuntz, Asst. Atty. Gen., Public Service Com'n, Bismarck, for Public Service Com'n.

ERICKSTAD, Chief Justice.

These are consolidated appeals from a judgment and amended judgment entered by the District Court of Traill County in connection with insolvency proceedings commenced by the North Dakota Public Service Commission [PSC] against Valley Farmers Bean Association [VFBA]. The district court found VFBA to be an insolvent grain warehouseman under the provisions of Chapter 60-04, N.D.C.C.,1 and appointed the PSC to serve...

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