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PLAINS COMMERCE BANK v. LONG FAMILY LAND AND CATT. CO.

No. CIV. 05-3002.

440 F.Supp.2d 1070 (2006)

2006 DSD 11

PLAINS COMMERCE BANK, Plaintiff, v. LONG FAMILY LAND AND CATTLE COMPANY, INC., and Ronnie and Lila Long, Defendants.

United States District Court, D. South Dakota, Central Division.

July 17, 2006.

Attorney(s) appearing for the Case

Robert V. Atmore, Lindquist & Vennum PLLP, Minneapolis, MN; and David A. Von Wald, Von Wald Law Offices, Hoven, SD, for Plaintiff Plains Commerce Bank.

James P. Hurley, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, SD, for Defendants Long Family Land and Cattle Co., Inc., et al.

Steven J. Gunn, Washington University School of Law, Roger K. Heidenreich, Sonnenschein Nath & Rosenthal LLP, St. Louis, MO, and Thomas J. Van Norman, Cheyenne River Sioux Tribe Legal Department, Eagle Butte, SD, for Cheyenne River Sioux Tribe as Amicus Curiae.

MEMORANDUM OPINION AND ORDER

KORNMANN, District Judge.

[¶ 1] Plains Commerce Bank ("bank") filed this action under 28 U.S.C. § 2201 seeking declaratory relief against the Long Family Land and Cattle Company, Inc. ("Long Company") and Ronnie and Lila Long. On December 1, 2005, cross motions for summary judgment were filed by the bank (Doc. 28) and the defendants (Doc. 33).

BACKGROUND

[¶ 2] The bank, formerly known as Bank...

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