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FIN-AG, INC. v. WATERTOWN LIVESTOCK AUCTION, INC.

No. 24050.

754 N.W.2d 23 (2008)

2008 SD 49

FIN-AG, INC., Plaintiff and Appellee, v. WATERTOWN LIVESTOCK AUCTION, INC., Defendant and Appellant. 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 appellee.

Michael A. Henderson of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, SD, for appellant.

ZINTER, Justice.

[¶ 1.] This appeal arises from an action for conversion by Fin-Ag, Inc. against Watertown Livestock Auction, Inc. Fin-Ag alleges it had a perfected security interest in cattle sold at Watertown under the name C & M Dairy. The case involves numerous issues regarding a commission merchant's liability for conversion when the collateral involves farm products covered by the Food Security Act (FSA), 7 USC § 1631 (1985). On cross-motions for...

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