FIRST AMERICAN BANK & TRUST, N.A. v. FARMERS STATE BANK

Nos. 24638, 24641.

756 N.W.2d 19 (2008)

2008 SD 83

FIRST AMERICAN BANK & TRUST, N.A., Plaintiff and Appellee, v. FARMERS STATE BANK OF CANTON, Defendant and Appellee, and Midwest Copier Solutions, Inc. and S.A. Enterprises, Inc., Intervenors and Appellants. First American Bank & Trust, N.A., Plaintiff, Defendant to Complaint in Intervention, and Third Party Plaintiff, v. Stuart Hamilton and S.A. Enterprises, Inc., Third Party Defendants.

Supreme Court of South Dakota.

Decided August 13, 2008.


Attorney(s) appearing for the Case

Thomas J. Welk, Michael F. Tobin of Boyce, Greenfield, Pashby & Welk, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee First American Bank & Trust.

Patrick Dougherty of Dougherty & Dougherty, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee Farmers State Bank of Canton.

Ronald A. Parsons, Jr., Steven M. Johnson, Tamara A. Wilka of Johnson, Heidepriem, Janklow, Abdallah & Johnson, LLP, Sioux Falls, South Dakota, Attorneys for intervenors and appellants.


SABERS, Justice.

[¶ 1.] First American Bank & Trust (First American) brought a declaratory action against Farmers State Bank (Farmers Bank) to determine which party was in the first position secured party. Midwest Copier Solutions, Inc. (Copier)1 intervened and alleged various causes of actions against both banks. All parties moved for partial summary judgment. After the circuit court ruled against Copier, it appealed. We affirm...

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