STOCKMAN BANK OF MONTANA v. AGSCO, INC.

No. 20060119.

727 N.W.2d 742 (2007)

2007 ND 27

STOCKMAN BANK OF MONTANA, a Montana banking corporation, Plaintiff and Appellee v. AGSCO, INC., a North Dakota corporation, Capital Harvest, Inc., d/b/a Capital Harvest Finance Company, a North Dakota corporation, individually and as agent for AGSCO, Inc., Farmers Union Oil Company of Williston, a North Dakota cooperative association, MON-KOTA, Inc., a Montana corporation, Betaseed, Inc., a Minnesota corporation, Central Insurance Agency, a North Dakota corporation, Steven D. Cayko, a/k/a Steve Cayko, Perry Elletson, a/k/a Perry E. Elletson, Ron Gross, a/k/a Ronnie Gross, Edward P. Ochs, a/k/a Eddie Ochs, Tom Ochs, Mark Brunelle, Kelly Brunelle, and Bill Sheldon, Defendants and Farmers Union Oil Company of Williston, a North Dakota cooperative association, Third-party Plaintiff v. Hardy Farm, Inc., and Jim Hardy, Third-party Defendants Betaseed, Inc., a Minnesota corporation, Defendant and Appellant.

Supreme Court of North Dakota.

February 28, 2007.


Attorney(s) appearing for the Case

Garth H. Sjue (argued) and Ken G. Hedge (on brief), Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Williston, N.D., for plaintiff and appellee.

H. Malcolm Pippin (argued), Joel M. Fremstad (on brief), and Kimberly L. Peterson (on brief), Nilles, Ilvedson, Stroup, Plambeck & Selbo, Ltd., Williston, N.D., for defendant and appellant.


SANDSTROM, Justice.

[¶ 1] Betaseed, Inc., appeals from a summary judgment dismissing its claim to proceeds from a 2002 sugar beet crop grown by Hardy Farm, Inc. Because we conclude Betaseed substantially complied with the requirements for an agricultural supplier's lien, we reverse and remand.

I

[¶ 2] Stockman Bank of Montana, a Montana banking corporation with a branch office in Sidney, Montana...

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