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HELENA AGRI-ENTERPRISES, LLC v. GREAT LAKES GRAIN

No. 20-1671.

988 F.3d 260 (2021)

HELENA AGRI-ENTERPRISES, LLC, Plaintiff-Appellant, v. GREAT LAKES GRAIN, LLC, et al., Defendants, New Heights Farm I, LLC; New Heights Farm II, LLC; Stacy Boersen, Nicholas Boersen, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2021.

Attorney(s) appearing for the Case

ARGUED: Zach Zurek , JACKSON WALKER L.L.P., San Antonio, Texas, for Appellant. Ronald J. VanderVeen , CUNNINGHAM DALMAN, PC, Holland, Michigan, for Appellees. ON BRIEF: Zach Zurek , Robert L. Soza, Jr. , JACKSON WALKER L.L.P., San Antonio, Texas, Mark J. Magyar , DYKEMA GOSSETT PLLC, Grand Rapids, Michigan, for Appellant. Ronald J. VanderVeen , CUNNINGHAM DALMAN, PC, Holland, Michigan, for Appellees.

Before: SUTTON, BUSH, and MURPHY, Circuit Judges.

OPINION

Through several corporations, members of the Boersen family have planted corn and soybeans in Western Michigan for several generations. When 2016 delivered a poor crop year, the corporate entities that made up the Boersen operation could not cover their debts. One creditor, Helena Agri-Enterprises, obtained...

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