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WESTERN FARM SERVICE, INC. v. OLSEN

No. 73666-9.

90 P.3d 1053 (2004)

151 Wash.2d 645

WESTERN FARM SERVICE, INC., a Delaware corporation, Respondent, v. Lynn J. OLSEN, II, and Julie Olsen, husband and wife, Defendants, Key Bank of Washington, A National Banking Association, Petitioner. J.R. Simplot Company, a foreign Corporation, Respondent, v. Key Bank National Association, a national banking association, Petitioner, 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, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 27, 2004.

Attorney(s) appearing for the Case

Jerry N. Stehlik, Seattle, for Other Party (Ford Elsaesser).

Donald Louis Anderson, Clemencia Castro-Woolery, Tacoma, for Petitioners Key Bank of Washington and Keybank National Association.

Christopher Mark Alston, Seattle, for Plaintiff (Tri-River Chemical Co.)

Robert C. Tenney, Jerome R. Aiken, Yakima, for Rspondent J.R. Simplot Co.

Larry Washburn Larson, Randy J. Fair, Moses Lake, for Respondent Western Farm Service Inc.

MADSEN, J.

Key Bank National Association (Key Bank) challenges a Court of Appeals decision reversing the trial court's grant of summary judgment in its claim for conversion against J.R. Simplot Co. (Simplot). Key Bank, which held a security interest in potato crops purchased by Simplot, claims that Simplot converted proceeds when it failed to designate Key Bank as a copayee on a check issued to the seller as a hauling allowance. We hold that the hauling allowance...

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