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PSC v. MINNESOTA GRAIN, INC.

No. 20080068.

756 N.W.2d 763 (2008)

2008 ND 184

PUBLIC SERVICE COMMISSION, Petitioner and Appellee v. MINNESOTA GRAIN, INC., Respondent and Hartford Fire Insurance Company, Respondent and Appellee Jim Broten, Eric Broten, and Broten Farms, Appellants.

Supreme Court of North Dakota.

October 22, 2008.

Attorney(s) appearing for the Case

William W. Binek, Special Assistant Attorney General, Bismarck, ND, for petitioner and appellee.

John J. McDonald (argued) and Rodger Allen Hagen (on brief), Meagher & Geer, PLLP, Minneapolis, MN, for respondent and appellee.

Sarah M. Vogel (argued) and Derrick L. Braaten (appeared), Sarah Vogel Law Firm, P.C., Bismarck, ND, for appellants.

Gary R. Wolberg, Fleck, Mather & Strutz, Bismarck, ND, for amicus curiae North Dakota Grain Dealers.

CROTHERS, Justice.

[¶ 1] Jim Broten, Eric Broten, and Broten Farms (collectively "Brotens") appeal from a district court order arising in connection with insolvency proceedings commenced by the North Dakota Public Service Commission ("PSC") against Minnesota Grain, Inc. ("Minnesota Grain"). The district court found Minnesota Grain was an insolvent grain warehouseman under N.D.C.C. ch. 60-04 and appointed the PSC to serve as trustee of the trust fund created for...

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