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JERKE CONST. v. HOME FEDERAL SAVINGS BANK

No. 23028.

693 N.W.2d 59 (2005)

2005 SD 19

JERKE CONSTRUCTION, INC., Plaintiff and Appellee, v. HOME FEDERAL SAVINGS BANK, Defendant and Appellant, and Matt Peck and Tank Testing, Inc., Defendants.

Supreme Court of South Dakota.

Decided February 9, 2005.

Attorney(s) appearing for the Case

Michael B. Thompson, Sioux Falls, South Dakota, Attorney for plaintiff and appellee.

Rick Entwistle of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

TICE, Circuit Judge.

[¶ 1.] Home Federal Savings Bank, Inc. (Bank) appeals from an order entered against it in a declaratory judgment action initiated by Jerke Construction Corporation (Jerke). Jerke sought to establish its ownership of a bulldozer it had placed in the possession of Justin Peck (Peck), who in turn had offered the machine as collateral to Bank as security for a loan. Having concluded that no security interest attached to the machinery and that...

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