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AGFIRST FARMERS CO-OP. v. DIAMOND C DAIRY

No. 26469.

827 N.W.2d 843 (2013)

2013 S.D. 19

AGFIRST FARMERS COOPERATIVE, Plaintiff and Appellee, v. DIAMOND C DAIRY, LLC, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 20, 2013.

Attorney(s) appearing for the Case

Lee Schoenbeck , Watertown, South Dakota, Attorney for plaintiff and appellee.

Richard L. Russman of Richardson, Wyly, Wise, Sauck & Hieb, LLP Aberdeen, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] AgFirst Farmers Cooperative (AgFirst) sued Diamond C Dairy, LLC (Diamond C) for cattle feed allegedly purchased by Diamond C. Although admitting it owed AgFirst for some of the feed, Diamond C contended that some shipments could have been sent to a facility in Ft. Dodge, Iowa that was owned by another company (the "Ft. Dodge defense"). In pretrial proceedings, the court disallowed this defense by refusing to allow Diamond C to withdraw...

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