PUBLIC SERVICE COM'N v. WIMBLEDON GRAIN

No. 20020274.

663 N.W.2d 186 (2003)

2003 ND 104

PUBLIC SERVICE COMMISSION, Petitioner and Appellee, v. WIMBLEDON GRAIN CO., Respondent, v. Mike Clemens, Individually and on Behalf of Other Creditors, Intervenors and Appellants, Employers Mutual Casualty Company, Intervenor and Appellee, and Security State Bank of North Dakota, Intervenor and Appellee.

Supreme Court of North Dakota.

June 17, 2003.


Attorney(s) appearing for the Case

William W. Binek, Special Assistant Attorney General, Bismarck ND, for petitioner and appellee.

Sarah Vogel (argued), Beth A. Baumstark (appeared) and Courtney Koebele (on brief), Wheeler Wolf, Bismarck, ND, for intervenors and appellants.

Lowell P. Bottrell (argued) and Adam W. Hamm (on brief), Anderson & Bottrell, Fargo, ND, for intervenor and appellee Employers Mutual Casualty Company.

Richard P. Olson (argued) and Wanda L. Fischer (on brief), Minot, ND, for intervenor and appellee Security State Bank of North Dakota.


KAPSNER, Justice.

[¶ 1] Mike Clemens, and specified members of the Wimbledon Grain Farmers Group (collectively "WGFG"), appealed from a declaratory judgment holding that WGFG members could not participate in a trust fund established after the Wimbledon Grain Company became insolvent and that the Public Service Commission ("Commission") was not obligated to marshal trust fund assets for their benefit. We conclude the trial court did not abuse its discretion in...

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