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PLEASANT VIEW FARMS, INC. v. NESS

No. 16717.

455 N.W.2d 602 (1990)

PLEASANT VIEW FARMS, INCORPORATED, a Montana corporation, and Darold Tomsheck, Plaintiffs and Appellants, v. LeRoy N. NESS, and the United States of America, acting through the Farmers Home Administration, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 9, 1990.

Attorney(s) appearing for the Case

Timothy M. Engel of May, Adam, Gerdes & Thompson, Pierre, for plaintiffs and appellants.

Michael E. Sebastian, Kimball, for defendant and appellee LeRoy N. Ness.

Philip N. Hogen, U.S. Atty., Sioux Falls, for defendant and appellee United States of America acting through the Farmers Home Admin.

SABERS, Justice.

Pleasant View Farms (Pleasant View) claims the trial court erred when it concluded that LeRoy Ness had sufficient rights in twenty-five calves to allow the security interest of Farmers Home Administration (FmHA) to attach thereto.

Facts

In the fall of 1985, Darold Tomsheck, an officer of Pleasant View, reached an agreement with Ness whereby Ness would provide the care and feeding of certain livestock belonging to Pleasant...

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