STOCKMAN BANK OF MONTANA v. AGSCO, INC.

No. 20060174.

728 N.W.2d 142 (2007)

2007 ND 26

STOCKMAN BANK OF MONTANA, a Montana banking corporation, Plaintiff and Appellant, 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., Defendants and Appellees, and 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.

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, ND, for plaintiff and appellant.

John S. Foster (argued) and Tracy Ann Kennedy (appeared), Zimney Foster P.C., Grand Forks, ND, for defendants and appellees.


VANDE WALLE, Chief Justice.

[¶ 1] Stockman Bank of Montana appealed from a summary judgment determining AGSCO, Inc., and Capital Harvest, Inc., were entitled to agricultural supplier's liens for agricultural supplies furnished to Hardy Farm, Inc. We affirm in part, reverse in part, and remand for proceedings consistent with this opinion.

I

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

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