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NEWGEN v. OK LIVESTOCK EXCHANGE

No. 17272.

788 P.2d 846 (1990)

117 Idaho 445

Linda NEWGEN, Plaintiff-Appellant, v. OK LIVESTOCK EXCHANGE, an Idaho corporation, Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied March 14, 1990.

Attorney(s) appearing for the Case

Alexanderson, Davis, Rainey, Whitney & Kerrick of Caldwell, Ronald P. Rainey (argued), for plaintiff-appellant.

Gigray, Miller & Downen of Caldwell, Scott E. Fouser (argued), for defendant-respondent.

SWANSTROM, Judge.

This appeal raises the question of whether the seller of a herd of dairy cows waived her perfected security interest by giving conditional authorization to the purchaser of the animals to cull unproductive cows from the herd. In a conversion action brought by the seller against the auction yard where the purchaser had disposed of several of the cows, the district court held the seller had waived her security interest. The district court granted summary...

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