Nebraska Public Service Commission v. Roberts Cattle Co.

I. NATURE OF CASE

Upon the insolvency of Atlanta Elevator, Inc. (AEI), on March 11, 2002, the Nebraska Public Service Commission (PSC) assumed title to all grain in storage at AEI for the benefit of the owners, depositors, and storers of that grain. See Neb. Rev. Stat. § 88-547 (Reissue 1999). After combining the value of the grain inventory and a grain warehouse bond, a total amount available for distribution was determined to be $1,083,259.42, and proceedings for distribution were instituted. The PSC received claims totaling $4,529,654.47.

Appellant Roberts Cattle Company (RCC) and appellees…