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  5. 669 N.W.2d 126 (2003)
 

CONSOLIDATED NUTRITION, L.C. v. IBP, INC.

No. 22456.

669 N.W.2d 126 (2003)

2003 SD 107

CONSOLIDATED NUTRITION, L.C., Plaintiff and Appellant, v. IBP, INC., a Delaware Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned June 4, 2003.

Decided August 27, 2003.

Attorney(s) appearing for the Case

Robert W. Klimisch of Goetz & Klimisch, Yankton, South Dakota, Attorneys for plaintiff and appellant.

Roger W. Damgaard of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

ZINTER, Justice (on reassignment).

[¶ 1.] IBP, Inc. (IBP), entered into a hog procurement contract with livestock producers, David and Kim Bloch (Blochs). Blochs also gave Tri County Ag Service a security interest in their hogs. This security interest was later assigned to Consolidated Nutrition, L.C. (Consolidated). IBP subsequently purchased hogs from the Blochs under the contract, but without notice of Consolidated's security interest. After the sale, IBP...

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