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IN RE CLAIMS AGAINST ATLANTA ELEVATOR, INC.

No. S-02-1406.

685 N.W.2d 477 (2004)

268 Neb. 598

In re CLAIMS AGAINST ATLANTA ELEVATOR, INC. Nebraska Public Service Commission, appellee and cross-appellee, v. Roberts Cattle Company, claimant, appellant, AGP Grain Cooperative, Inc., et al., claimants, appellees and cross-appellants, and G & W Farms Partnership et al., claimants, appellees.

Supreme Court of Nebraska.

August 20, 2004.

Attorney(s) appearing for the Case

Stephen D. Mossman, of Mattson, Ricketts, Davies, Stewart & Calkins, Lincoln, for appellant.

Jon Bruning, Attorney General, and L. Jay Bartel, Lincoln, for appellee Nebraska Public Service Commission.

Rocky C. Weber, of Crosby Guenzel, L.L.P., Lincoln, for appellee AGP Grain Cooperative, Inc.

Kimberli D. Dawson and Bruce L. Hart, of Hart, Dawson & Sudbeck, P.C., L.L.O., Cozad, for appellees Brian Bertrand et al.

Daniel L. Lindstrom and Nicole M. Mailahn, of Jacobsen, Orr, Nelson, Wright & Lindstrom, P.C., Kearney, for appellees G & W Farms Partnership et al.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

MILLER-LERMAN, J.

I. NATURE OF CASE

Upon the insolvency of Atlanta Elevator, Inc. (AEI), on March 11, 2002, the Nebraska Public Service Commission (PSC) assumed title to all grain in storage at AEI for the benefit of the owners, depositors, and storers of that grain. See Neb.Rev.Stat. § 88-547 (Reissue 1999). After combining the value of the grain inventory and a grain warehouse bond, a total amount available for distribution was determined to be $1...

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