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IN RE GRAIN BUYER'S BOND OF MISCHEL GRAIN

No. C9-98-1814.

591 N.W.2d 734 (1999)

In the Matter of the Claim Against the GRAIN BUYER'S BOND OF MISCHEL GRAIN & SEED, WARREN, MN, BOND # 92770608627589

Court of Appeals of Minnesota.

April 20, 1999.

Attorney(s) appearing for the Case

James A. Reding, Jr., Lars C. Erickson, Reding & Pilney, St. Paul, MN (for relator Auto-Owners Insurance Company)

Arthur A. Drenckhahn, Drenckhahn & Williams, P.A., Warren, MN (for respondent Paul Anderson)

Mike Hatch, Attorney General, Paschal O. Nwokocha, Assistant Attorney General, St. Paul, MN (for Department of Agriculture)

Paul L. Dinger, Minneapolis, MN (for Mischel Grain & Seed)

Considered and decided by HARTEN, Presiding Judge, SHUMAKER, Judge, and HUSPENI, Judge.

OPINION

HUSPENI, Judge.*

Relator challenges the Commissioner of Agriculture's decision approving and adopting the ALJ's recommendation and ordering relator to pay the maximum liability amount of a grain-buyer's bond. Because we conclude that the commissioner erred as a matter of law in deciding that all of the grain seller's claims were timely filed and covered by the bond, we reverse.

FACTS

Mischel Grain and...

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