Legal Opinion

Dairy Department v. Harvey Cheese, Inc.

North Dakota Supreme Court

Decided April 17, 1979No. Civ. 9541PublishedCited by 20 opinions

1Opinion of the Court

SAND, Justice.

This case involves the authority of the North Dakota Dairy Department to act as a trustee for the benefit of unpaid dairy producers upon the insolvency of a licensed and bonded dairy processor. 1 The dairy depart ment appealed from an order determining the sale of inventory, property, and assets of Harvey Cheese, Inc., exceeded the authority of the dairy department and that the proceeds from such sale should be turned over to the United States District Court in Bankruptcy.

Chapter 4-30 of the North Dakota Century Code, entitled “Dairy Products Regulations,” provides for the…

2Cases cited14 opinions

  1. In Re TylerSupreme Court of the United States · 1893
  2. Stowers v. MahonCourt of Appeals for the Fifth Circuit · 1976
  3. Carling v. Seymour Lumber Co.Court of Appeals for the Fifth Circuit · 1902
  4. In Re Helms Veneer CorporationDistrict Court, W.D. Virginia · 1968
  5. Christensen v. Farmers State Bank of RichardtonNorth Dakota Supreme Court · 1968

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3Cited by20 opinions

  1. Ritter, Laber & Associates, Inc. v. Koch Oil, Inc.North Dakota Supreme Court · 2004
  2. North Dakota Public Service Commission v. Valley Farmers Bean Ass'nNorth Dakota Supreme Court · 1985
  3. Thimjon Farms Partnership v. First International Bank & TrustNorth Dakota Supreme Court · 2013
  4. Harwood State Bank v. CharonNorth Dakota Supreme Court · 1991
  5. Paxton v. WiebeNorth Dakota Supreme Court · 1998

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