STOCKMAN BANK OF MONTANA v. MON-KOTA, INC.

No. DA 06-0282.

180 P.3d 1125 (2008)

2008 MT 74

342 Mont. 115

STOCKMAN BANK OF MONTANA, a Montana banking corporation, Plaintiff and Appellant, v. MON-KOTA, INC., a Montana corporation; Betaseed, Inc., a Minnesota corporation; AGSCO, Inc., a North Dakota corporation; Capital Harvest, Inc., d/b/a Capital Harvest Finance Co., a North Dakota corporation, individually, and as agent for AGSCO, Inc.; Farmers Union Oil Company of Williston, a North Dakota cooperative association; Oelkers, Inc., a Montana corporation; Ellen Rasmussen, individually and as partner in Flying O Ranch Partnership; Flying O Ranch Partnership, a partnership consisting of, among others, Ellen Rasmussen; Wilson Scott Berry, a/k/a Scot Berg; Susan Zimmerman; Charles Lowman, a/k/a Chuck Lowman; PT Farms, Inc.; and Paul Tjelde, Defendants and Appellees. AGSCO, Inc., and Capital Harvest, Inc., Third-Party Plaintiffs, Counterclaimants and Cross-claimants, v. Hardy Farm, Inc., Stockman Bank Of Montana, Mon-Kota, Inc., Betaseed, Inc., Farmers Union Oil Company Of Williston, Oelkers, Inc., Ellen Rasmussen, Flying O Ranch Partnership, Wilson Scott Berry, Susan Zimmerman, Charles Lowman, Jim Hardy, J.W. Hardy, Jr., and John Does A-Z, Third-Party Defendants, Counter-Defendant and Cross-Defendants.

Supreme Court of Montana.

Decided March 4, 2008.


Attorney(s) appearing for the Case

For Appellant: Kevin Paul Heaney, Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Billings, Montana, Garth Hans Sjue, Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Williston, North Dakota.

For Appellees: Charles W. Hingle and Shane P. Coleman, Holland & Hart, LLP, Billings, Montana (AGSCO and Capital Harvest), Lyle R. Panasuk, Attorney at Law, Sidney, Montana, (PT Farms and Tjelde), Harry Malcolm Pippin, Attorney at Law, Williston, North Dakota (Betaseed), Charles Lohman, pro se, Sidney, Montana.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant Stockman Bank of Montana (Stockman Bank) appeals from the Seventh Judicial District Court's orders granting the motion of Appellees, AGSCO, Inc. (AGSCO), and Capital Harvest, Inc. (Capital Harvest), for summary judgment and denying Stockman Bank's motion to alter or amend judgment. Appellant Stockman Bank contends that Appellees have improperly used Montana's agricultural lien statute to obtain...

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