State Law Library of Montana

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OPINION: Stockman Bank v. Mon-Kota

Posted by scanner1 on March 4, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 06-0282,

2008 MT 74,

STOCKMAN BANK OF MONTANA, a Montana

banking corporation,

Plaintiff and Appellant,

v.

MON-KOTA, INC., a Montana corporation; BETASEED, INC.,

a Minnesota corporation; AGSCO, INC., a North Dakota

corporation; CAPITAL HARVEST, INC., d/b/a CAPITAL

HARVEST FINANCE CO., a North Dakota corporation,

individually, and as agent for AGSCO, INC.; FARMERS UNION OIL

COMPANY OF WILLISTON, a North Dakota cooperative association;

OELKERS, INC., a Montana corporation; ELLEN RASMUSSEN,

individually and as partner in Flying O Ranch Partnership;

FLYING O RANCH PARTNERSHIP, a partnership consisting of,

among others, Ellen Rasmussen; WILSON SCOTT BERRY, a/k/a

SCOT BERG; SUSAN ZIMMERMAN; CHARLES LOWMAN,

a/k/a CHUCK LOWMAN; PT FARMS, INC.; and PAUL TJELDE,

Defendants and Appellees.

____________________

AGSCO, INC., and CAPITAL HARVEST, INC.,

Third-Party Plaintiffs, Counter-claimants and Cross-claimants,

v.

HARDY FARM, INC., STOCKMAN BANK OF MONTANA,

MON-KOTA, INC., BETASEED, INC., FARMERS UNION

OIL COMPANY OF WILLISTON, OELKERS, INC., ELLEN

RASMUSSEN, FLYING O RANCH PARTNERSHIP, WILSON

SCOTT BERRY, SUSAN ZIMMERMAN, CHARLES LOWMAN,

JIM HARDY, J.W. HARDY, JR., and JOHN DOES A-Z,

Third-Party Defendants, Counter-Defendant and Cross-Defendants.