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N.D. PUBLIC SERV. COMMISSION v. WOODS FARMERS CO-OP. ELEVATOR CO.

Civ. No. 910209.

488 N.W.2d 860 (1992)

NORTH DAKOTA PUBLIC SERVICE COMMISSION, Petitioner and Appellee, v. WOODS FARMERS COOPERATIVE ELEVATOR COMPANY, Leonard, North Dakota, Respondent and Appellee, and Farmland Mutual Insurance Company, Respondent and Appellant.

Supreme Court of North Dakota.

June 11, 1992.

Attorney(s) appearing for the Case

William W. Binek (argued), Asst. Atty. Gen., Public Service Com'n, State Capitol, Bismarck, for petitioner and appellee North Dakota Public Service Com'n.

Kaler Law Office, Fargo, for respondent and appellee Wayne Drewes, as Bankruptcy Trustee for Woods Farmers Co-op. Elevator Co.; argued by Kip M. Kaler.

McNair, Larson & Carlson, Ltd., Fargo, for respondent and appellant Farmland Mut. Ins. Co.; argued by Bruce H. Carlson. Appearance by David J. Hauff.

Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for amicus curiae St. Paul Bank for Cooperatives; argued by Roger J. Minch.

Lowell P. Bottrell, Anderson & Bailly, Fargo, for amicus curiae Roesler Land & Cattle, Roger McDonald & Carman Lynnes d/b/a Lynnes Farms & Brian McDonald. Brief filed.

David T. DeMars and Jay D. Carlson, DeMars & Turman, Fargo, for amicus curiae James E. Nygard. Brief filed.

ERICKSTAD, Chief Justice.

Farmland Mutual Insurance Company (Farmland), the surety on a warehouseman's bond for Woods Farmers Cooperative Elevator Company (Woods), appealed from a district court judgment requiring it to pay to the North Dakota Public Service Commission (PSC) the sum of $780,000 for the payment of claims in accordance with the PSC's report and recommendation, as amended by the district court. We affirm in part and modify the judgment.

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