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AMERICAN PRAIRIE CONST. CO. v. TRI-STATE FINANCIAL

No. CIV. 04-1016.

529 F.Supp.2d 1061 (2007)

2007 DSD 29

AMERICAN PRAIRIE CONSTRUCTION CO., formerly known as North Central Construction, Inc., Plaintiff, v. TRI-STATE FINANCIAL, LLC, and John Hoich, Defendants.

United States District Court, D. South Dakota, Northern Division.

December 27, 2007.

Attorney(s) appearing for the Case

Patrick J. O'Halloran, Marvin T. Fabyanske, Fabyanske, Westra & Hart, PA, Minneapolis, MN, Ronald J. Hall, Hall Law Firm, Aberdeen, SD, for Plaintiff.

Eugene R. Robinson, Sioux Falls, SD, Court Anderson, Jane E. Rydholm, Stuart T. Williams, Henson & Efron, Minneapolis, MN, for Defendant John Hoich.

David L. Nadolski, Nicole Nachtigal Emerson, Thomas J. Hart, Lynn, Jackson, Schulz & LeBrun, Sioux Falls, SD, for Defendant Tri-State Financial, LLC.

OPINION AND ORDER

KORNMANN, District Judge.

[¶ 1] Plaintiff instituted this action for the alleged breach of a contract negotiated during the course of bankruptcy proceedings involving Tri-State Ethanol Company of Rosholt, South Dakota ("TSE"). The matter came on for trial to the court on August 1, 2007. The following constitutes the court's findings of fact and conclusions of law pursuant to Fed.R.Civ.P. 52.

[¶ 2] North Central Construction...

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