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FIN-AG, INC. v. CIMPL'S, INC.

No. 24172.

754 N.W.2d 1 (2008)

2008 SD 47

FIN-AG, INC., Plaintiff and Appellant, v. CIMPL'S, INC., Defendant and Appellee, and Dacotah Bank, Defendant.

Supreme Court of South Dakota.

Decided June 18, 2008.

Attorney(s) appearing for the Case

Jason W. Shanks of May & Johnson, PC, Sioux Falls, SD, and Jonathan K. Van Patten, Vermillion, SD, for appellant.

Michael J. Schaffer, Paul H. Linde of Schaffer Law Office, Prof. LLC, Sioux Falls, SD, for appellees.

ZINTER, Justice.

[¶ 1.] This appeal arises from an action for conversion by Fin-Ag, Inc. against Cimpl's, Inc. Fin-Ag alleges that it had a security interest in cattle Cimpl's purchased, and that Cimpl's converted Fin-Ag's collateral by failing to remit cattle sale proceeds to Fin-Ag. On cross-motions for summary judgment, the circuit court granted summary judgment to each party according to the timing of and participants in each sale. Fin-Ag appeals adverse...

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