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FIN-AG, INC. v. PIPESTONE LIVESTOCK AUCTION MARKET, INC.

Nos. 23982, 23984.

754 N.W.2d 29 (2008)

2008 SD 48

FIN-AG, INC., Plaintiff and Appellee, v. PIPESTONE LIVESTOCK AUCTION MARKET, INC., Defendant and Appellant, and Dacotah Bank, Defendant. Fin-Ag, Inc., Plaintiff and Appellee, v. South Dakota Livestock Sales of Watertown, Inc., Defendant and Appellant, and Dacotah Bank, Defendant.

Supreme Court of South Dakota.

Order Granting Rehearing Pursuant to SDCL 15-24-4 December 17, 2007.

Argued on Rehearing March 28, 2008.

Decided June 18, 2008.

Attorney(s) appearing for the Case

Jason W. Shanks of May & Johnson, P.C. Sioux Falls, SD and Jonathan K. Van Patten, Vermillion, SD, Attorneys for appellees.

Tim R. Shattuck of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, SD for appellant in No. 23982.

Michael J. Schaffer of Schaffer Law Office, Prof. L.L.C. Sioux Falls, SD; E. Lawrence Oldfield, Oldfield Fox & Sarna, P.C., Oak Brook, IL, Attorneys for appellant in No. 23984.

ZINTER, Justice.

[¶ 1.] These consolidated appeals arise out of separate but related actions for conversion. Both actions were commenced by Fin-Ag, Inc., an agricultural lender, against two public livestock auction barns: Pipestone Livestock Auction Market, Inc. (Pipestone) and South Dakota Livestock Sales of Watertown, Inc. (SD Livestock) (collectively referred to as Sale Barns).1 Fin-Ag alleged that it had a perfected security interest...

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