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FARMERS LIVESTOCK EXCHANGE v. ULMER

Civ. No. 11117.

393 N.W.2d 65 (1986)

FARMERS LIVESTOCK EXCHANGE OF BISMARCK, INC., Plaintiff and Appellant, v. Randy ULMER and Russell Ulmer, d/b/a Ashley Livestock Exchange, Defendants and Appellees.

Supreme Court of North Dakota.

September 2, 1986.

Attorney(s) appearing for the Case

Vogel Law Firm, Mandan, for plaintiff and appellant; argued by Jos. A. Vogel, Jr.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendants and appellees; argued by Daniel L. Hovland.

LEVINE, Justice.

The Farmers Livestock Exchange of Bismarck, Inc., appeals from a district court judgment dismissing its action against Randy and Russell Ulmer d/b/a Ashley Livestock Exchange. We hold that Section 36-05-12, N.D.C.C., [Operator to warrant title to purchaser—Dispute in title of animal sold], takes priority over Section 41-02-48, N.D.C.C., [U.C.C. § 2-403, Power to transfer—Good faith purchase of goods—Entrusting]; that Section...

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