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AMERICAN BANK & TRUST v. SHAULL

No. 22627.

678 N.W.2d 779 (2004)

2004 SD 40

AMERICAN BANK & TRUST, A South Dakota banking corporation, Plaintiffs and Appellees, and South Dakota Wheat Growers Association, Plaintiffs, v. Nathan SHAULL and Deborah Shaull, d/b/a Highmore Auction Sales, Defendants, and Fin-Ag, Inc., Defendant and Appellee, and AgStar Financial Services, PCA and Feldman Brothers, Defendants and Appellants.

Supreme Court of South Dakota.

Reassigned February 4, 2004.

Decided March 31, 2004.

Attorney(s) appearing for the Case

Brent A. Wilbur of May, Adam, Gerdes & Thompson, Pierre, SD, for plaintiffs and appellees American Bank & Trust.

Robert M. Nash of Wilson, Olson & Nash, Rapid City, SD, for defendant and appellee Fin-Ag, Inc.

Roger W. Damgaard and Susan M. Sabers of Woods, Fuller, Shultz & Smith, Sioux Falls, SD, Gary W. Koch and Dustan J. Cross of Gislason & Hunter, New Ulm, MN, for defendants and appellants.

MEIERHENRY, Justice (on reassignment).

[¶ 1.] This is a claim and delivery action brought by American Bank and Trust (American) involving 910 cows which were being held by a receiver. American originally brought this action against Nathan and Deborah Shaull d/b/a Highmore Auction Sales and Fin-Ag. American's complaint contained three counts: (1) an action on the indebtedness, (2) claim and delivery/injunctive relief...

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