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AG SERVICES OF AMERICA, INC. v. EMPFIELD

No. S-97-1097.

587 N.W.2d 871 (1999)

255 Neb. 957

AG SERVICES OF AMERICA, INC., an Iowa corporation, appellee, v. Darrell E. EMPFIELD, defendant and third-party plaintiff, appellant, and C.M.R., Inc., a Nebraska corporation, third-party defendant, appellee.

Supreme Court of Nebraska.

January 15, 1999.

Attorney(s) appearing for the Case

W. Gerald O'Kief, Valentine, for appellant.

Tim W. Thompson, of Kelley, Scritsmier & Byrne, P.C., North Platte, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, Justice.

NATURE OF CASE

Ag Services of America, Inc. (Ag Services), brought this action for conversion against Darrell E. Empfield after Empfield sold certain corn crops that were stored on his property. The crops were grown on Empfield's land by C.M.R., Inc., a debtor of Ag Services. Ag Services claimed its security interest in the corn crops was superior to Empfield's claim pursuant to a lease agreement with C.M.R. The trial court granted Ag Services...

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