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NATIONAL SUN INDUS. v. S.D. FARM BUR.

No. 20718.

596 N.W.2d 45 (1999)

1999 SD 63

NATIONAL SUN INDUSTRIES, INC., a North Dakota corporation, Plaintiff and Appellant, v. SOUTH DAKOTA FARM BUREAU INSURANCE COMPANY, a South Dakota corporation, Defendant and Appellee, and Max Chester, Defendant.

Supreme Court of South Dakota.

Decided May 26, 1999.

Attorney(s) appearing for the Case

Daniel R. Fritz of Fritz, Hogan & Johnson, Aberdeen, South Dakota, and Douglas R. Archibald of Terhaar, Archibald, Pfefferle & Griebel, Minneapolis, Minnesota, Attorneys for plaintiff and appellant.

Roy A. Wise of Richardson, Groseclose, Wyly, Wise & Sauck, Aberdeen, South Dakota, Attorneys for defendant and appellee.

MILLER, Chief Justice.

[¶ 1.] The trial court granted summary judgment in favor of South Dakota Farm Bureau Insurance Company (Farm Bureau). National Sun Industries, Inc. (National) appeals and we affirm.

FACTS

[¶ 2.] On September 16, 1992, National entered into a sunflower storage and handling agreement with L & O Acres, Inc. On May 23, 1993, sunflowers owned by National and stored in a bin...

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