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  5. 676 N.W.2d 395 (2004)
 

FIRST DAKOTA NAT. BANK v. PER. ENG.

No. 22888.

676 N.W.2d 395 (2004)

2004 SD 26

FIRST DAKOTA NATIONAL BANK, Plaintiff and Appellee, v. PERFORMANCE ENGINEERING AND MANUFACTURING, INC., Fred L. Thurman, Defendants, and State Steel Supply Company, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 25, 2004.

Attorney(s) appearing for the Case

Michael Henderson, Scott Perrenoud of Cadwell, Sanford, Deibert & Garry, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Timothy Clausen, Barbara F. Orzechowski of Klass, Stoik, Mugan, Villone, Phillips, Orzechowski, Clausen & LaPierre, Sioux City, Iowa, Attorneys for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] First Dakota National Bank and State Steel Supply Company were secured creditors of Performance Engineering & Manufacturing, Inc. (PEM). First Dakota sought declaratory relief asking the trial court to determine the order of priority to PEM's accounts receivables. Both First Dakota and State Steel claimed a valid first lien. Both parties filed motions for summary judgment. The trial court granted summary judgment in favor of First...

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