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BORDER STATE BANK v. BAGLEY LIVESTOCK

Nos. A03-1973, A04-86.

690 N.W.2d 326 (2004)

BORDER STATE BANK OF GREENBUSH, Appellant (A03-1973), Plaintiff (A04-86), v. BAGLEY LIVESTOCK EXCHANGE, INC., Respondent (A03-1973), Defendant (A04-86), Bert Johnson, d/b/a/ Johnson Farms, Respondent (A03-1973), Defendant (A04-86), and Bert Johnson, d/b/a/ Johnson Farms, third-party plaintiff, Respondent (A03-1973), Appellant (A04-86), v. Hal Anderson, third-party defendant, Respondent.

Court of Appeals of Minnesota.

Review Denied February 23, 2005.

Attorney(s) appearing for the Case

Michael L. Jorgenson, Thief River Falls, MN, for appellant Border State Bank of Greenbush.

Patrick W. Fisher, Troy J. Lefevre, Grand Forks, ND, for respondent Bagley Livestock Exchange, Inc.

William M. Hart, Erica Gutmann Strohl, Meagher & Geer, P.L.L.P., Minneapolis, MN, and Robert M. Albrecht, Brink, Sobolik, Severson, Malm & Albrecht, P.A., Hallock, MN, for respondent Bert Johnson, d/b/a Johnson Farms.

Alan B. Fish, Alan B. Fish, P.A., Roseau, MN, for respondent Hal Anderson.

Considered and decided by TOUSSAINT, Chief Judge; LANSING, Judge; and CRIPPEN, Judge.

OPINION

LANSING, Judge.

This action arises from a dispute over the enforceability of a security interest and the interpretation of the cattle-sharing agreement that underlies the security interest. The district court, apparently relying on an incorrect argument that an ownership interest was necessary for the security interest to attach, made no findings on the disputed provisions of the agreement. We therefore reverse the district court's order directing...

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