CONTINENTAL GRAIN CO. v. BRANDENBURG

Nos. 20357, 20358.

587 N.W.2d 196 (1998)

1998 SD 118

CONTINENTAL GRAIN COMPANY, Plaintiff and Appellee, v. Margery BRANDENBURG, Western Cattle, Inc., and Louis J. Welte, Defendants, and Heritage Bank and Western Video Cattle, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 9, 1998.


Attorney(s) appearing for the Case

Dennis H. Hill of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City and David Lebas of Gibson, Ochsner & Adkins, Amarillo, TX, for appellee Continental Grain.

Terry L. Hofer of Bangs, McCullen, Butler, Foye and Simmons, Rapid City, for appellant Heritage Bank.

Robert M. Nash of Wilson, Olson, Nash & Becker, Rapid City, for appellant Western Video.


GILBERTSON, Justice.

[¶ 1.] This action arises out of a consolidation of three lawsuits involving Continental Grain Company (Continental), Heritage Bank (Heritage) and Shasta Livestock Auction Yard (Shasta). The parties requested a determination of priorities of security interests in cattle. The circuit court, granted Continental's motion for summary judgment and the other creditors appealed. This Court, held that genuine issues of material fact precluded summary...

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