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RUSH v. U.S. BANCORP EQUIPMENT FINANCE

No. 24387.

742 N.W.2d 266 (2007)

2007 SD 119

William R. RUSH, Individually, North American Truck & Trailer, Inc., and Carolina Commercial Truck Sales, L.L.C., Plaintiffs and Appellants, v. U.S. BANCORP EQUIPMENT FINANCE, INC., Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 14, 2007.

Attorney(s) appearing for the Case

Laura L. Koob, Brian L. Radke of Radke Law Office, P.C., Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Roger W. Damgaard of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In this appeal from a summary judgment, a debtor contends that its creditor should have protected the debtor's financial circumstances by perfecting the creditor's security interest. From the language of the contract documents, we conclude that the security interest was for the protection of the creditor, and its failure to perfect that interest created no claim for the debtor. Therefore, we affirm summary judgment for the creditor...

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