Public Service Commission v. Wimbledon Grain Co.

KAPSNER, Justice.

[¶ 1] Mike Clemens, and specified members of the Wimbledon Grain Farmers Group (collectively ‘WGFG”), appealed from a declaratory judgment holding that WGFG members could not participate in a trust fund established after the Wimbledon Grain Company became insolvent and that the Public Service Commission (“Commission”) was not obligated to marshal trust fund assets for their benefit. We conclude the trial court did not abuse its discretion in certifying the judgment as final under N.D.R.Civ.P. 54(b). We further conclude the trial court erred in ruling WGFG members are not…