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WESTERN FARM SERVICE, INC. v. OLSEN

No. 19730-1-III.

59 P.3d 93 (2002)

114 Wash.App. 508

WESTERN FARM SERVICE, INC., a Delaware corporation, Respondent and Cross-Appellant, v. Lynn J. OLSEN II and Julie Olsen, husband and wife, Defendants, Key Bank of Washington, National Banking Association, Appellant. J.R. Simplot Company, a foreign corporation, Respondent and Cross-Appellant, v. Key Bank National Association, a national banking association, Appellant, Lynn J. Olsen II and Julie Olsen, husband and wife, Defendants. Tri-River Chemical Company, Plaintiff, v. Key Bank National Association, a national banking association, Appellant.

Court of Appeals of Washington, Division 3, Panel Four.

As Amended on Denial of Reconsideration January 28, 2003.

Attorney(s) appearing for the Case

Donald L. Anderson, Clemencia Castro-Woolery, Eisenhower & Carlson, Tacoma, WA, for Appellants.

Larry W. Larson, Randy J. Fair, Lukins and Annis, Moses Lake, WA, Jerome R. Aiken, Robert C. Tenney, Meyer, Fluegge & Tenney, Yakima, WA, for Respondents.

KATO, A.C.J.

Key Bank National Association (KeyBank) loaned Lynn Olsen money to finance his 1996 and 1997 farming operations. J.R. Simplot Company's chemical and fertilizer division (Simplot) and Western Farm Services (WFS) sold supplies to Mr. Olsen on credit. Both creditors signed an agreement with KeyBank that subordinated their security positions. Simplot and WFS claimed KeyBank improperly failed to pay either of them under...

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