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AMERICAN BANK & TRUST, A South Dakota banking corporation, Plaintiffs and Appellees, and SOUTH DAKOTA WHEAT GROWERS ASSOCIATION, Plaintiffs, v. NATHAN SHAULL and DEBORAH SHAULL, d/b/a HIGHMORE AUCTION SALES, Defendants, and FIN-AG, INC., Defendant and Appellee, and AGSTAR FINANCIAL SERVICES, PCA and FELDMAN BROTHERS, Defendants and Appellants. [2004 SD 40] South Dakota Supreme Court Appeal from the Circuit Court of The Sixth Judicial Circuit Hyde County, South Dakota Hon. James W. Anderson, Judge BRENT A. WILBUR of May, Adam, Gerdes & Thompson Pierre, South Dakota Attorneys for plaintiffs and appellees American Bank & Trust. ROBERT M. NASH of Wilson, Olson & Nash Rapid City, South Dakota Attorneys for defendant and appellee Fin-Ag, Inc. ROGER W. DAMGAARD and SUSAN M. SABERS of
file:///C|/Users/Peter/Desktop/Opinions/13091306.htm[5/8/2013 8:05:23 PM]

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Woods, Fuller, Shultz & Smith Sioux Falls, South Dakota GARY W. KOCH and DUSTAN J. CROSS of Gislason & Hunter New Ulm, Minnesota Attorneys for defendants and appellants. Argued on August 27, 2003 Reassigned on 2/4/2004 Opinion Filed 3/31/2004 #22627 MEIERHENRY, Justice (on reassignment). [¶1.] This is a claim and delivery action brought by American Bank and Trust (American) involving 910 cows which were being held by a receiver. American originally brought this action against Nathan and Deborah Shaull d/b/a Highmore Auction Sales and Fin-Ag. American

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South Dakota Law