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GILBERT v. UNITED NAT. BANK

No. 16173.

436 N.W.2d 23 (1989)

Frank GILBERT, d/b/a B & G Cattle on His Own Behalf and as Assignee of Corsica Livestock Marketing, Inc., Plaintiff and Appellant, v. UNITED NATIONAL BANK, Defendant and Appellee, and Corsica Livestock Sales, Inc.; Ronald D. Wentland; George Etter; Elwood Nelson; General Service Corporation; Larry Refold; Ernest Marks; Stan Olson; Robert D. Joslyn, Sr.; General Management Corporation; First National Bank of Beresford, South Dakota; the Mitchell-Huron Production Credit Association; Hurley State Bank; Robert Verschoor; Donald Ensz; John Roth; Bernie Van Veuren; Robert Frederickson; Patrick Kirby and Mari Frederichs; Barnie Blauweit; Guy Varud and Varud Advertising, Defendants.

Supreme Court of South Dakota.

Decided February 8, 1989.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund & Davis Gregory, for plaintiff and appellant.

Lawrence L. Piersol of Davenport, Evans, Hurwitz & Smith Sioux Falls, for defendant and appellee United Nat. Bank; Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on the brief.

SABERS, Justice.

Frank Gilbert (Gilbert), individually, and as assignee of other's claims, appeals from summary judgment in favor of United National Bank (UNB). For the reasons stated herein, we affirm.

Facts

The following facts are developed from substantial deposition testimony:

In 1974, Gilbert, a long time cattle buyer, began purchasing cattle for Corsica Livestock Marketing, Inc. (CLM). Under the arrangement, Gilbert would purchase...

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