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GREAT WESTERN BANK v. WILLMAR POULTRY CO.

No. 20090071.

780 N.W.2d 437 (2010)

2010 ND 50

GREAT WESTERN BANK, Plaintiff and Appellant v. WILLMAR POULTRY COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

March 23, 2010.

Attorney(s) appearing for the Case

Jon R. Brakke (argued) and Caren Lynn Wanner Stanley (on brief), Fargo, N.D., for plaintiff and appellant.

Lowell Philip Bottrell (argued) and Michael Leonard Gust (on brief), Fargo, N.D., for defendant and appellee.

CROTHERS, Justice.

[¶ 1] Great Western Bank appeals the district court's summary judgment, holding that Willmar Poultry Company has a valid North Dakota agricultural supplier's lien with a super-priority interest of $72,356.17 in the proceeds of a sale of turkeys between ABTH, LLP, and Sara Lee Corporation. We conclude that "poults" supplied by Willmar Poultry are "supplies" under North Dakota's agricultural supplier's lien statute, N.D.C.C. § 35-31-01,...

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