Elbow Lake Co-op Grain


Court: United States District Court, D. Minnesota, Sixth Division

Date published: Jun 12, 1956


The plaintiffs are grain warehousemen operating country grain elevators in Minnesota. They are engaged in buying grain from local farmers and reselling it at terminal markets, especially in Minneapolis and Duluth, Minnesota. They also store grain for the local farmers when the latter do not desire to sell their grain. These plaintiffs, so far as these proceedings are concerned, entered into Uniform Grain Storage Agreements with the Commodity Credit Corporation in 1953 and 1954. Under the terms of the contracts,  each plaintiff has received, stored, and loaded out the defendant’s flaxseed to be shipped to designated terminals via rail. The primary question presented in this litigation is whether the defendant has properly determined the official grade of the flax to allow the plaintiffs the amount of credit to which they are entitled to the amount of flax that they delivered to the defendant. Briefly stated, plaintiffs contend that the quality and grade of the defendant’s flaxseed stored for, and delivered to, the defendant should be determined by the grade and dockage established by the so-called probe method of sampling the grain while still loaded in the boxcars instead of crediting plaintiffs with the grade and dockage under either the belt run or bin run methods of sampling. 



The Court concludes, therefore, that there is no genuine issue as to any material fact in the action now before it, and that the defendant is entitled to a summary judgment as a matter of law. A summary judgment should be, and is, granted to the defendant. It is so ordered. An exception is allowed.

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