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MID-STATES SALES v. MT. EMPIRE DAIRYMEN'S

No. 85CAl261.

741 P.2d 342 (1987)

MID-STATES SALES COMPANY, INC., Plaintiff-Appellant and Cross-Appellee, v. MOUNTAIN EMPIRE DAIRYMEN'S ASSOCIATION, INC., Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. III.

June 18, 1987.

Attorney(s) appearing for the Case

Hellerstein, Hellerstein and Shore, P.C., Christian Carl Onsager, Gwen S. Anderson, Robert E. Markel, Denver, for plaintiff-appellant and cross-appellee.

Holme Roberts & Owen, Stephen E. Snyder, Nancy J. Gegenheimer, Denver, for defendant-appellee and cross-appellant.

STERNBERG, Judge.

Ronald L. Lewis, a dairyman, was a member of the Mountain Empire Dairymen's Association (MEDA), the defendant. MEDA was Lewis' exclusive agent for marketing dairy products. Mid-States Sales Co., Inc. (Mid-States), the plaintiff, is a secured creditor of Lewis who sued MEDA for allegedly disposing of Lewis' milk proceeds in a manner contrary to Mid-States' security rights in those proceeds.

The trial court concluded that, even though Mid-States...

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