Fin-Ag, Inc. v. Watertown Livestock Auction, Inc.

ZINTER, Justice.

[¶ 1.] This appeal arises from an action for conversion by Fin-Ag, Inc. against Wa-tertown Livestock Auction, Inc. Fin-Ag alleges it had a perfected security interest in cattle sold at Watertown under the name C & M Dairy. The case involves numerous issues regarding a commission merchant’s liability for conversion when the collateral involves farm products covered by the Food Security Act (FSA), 7 USC § 1631 (1985). On cross-motions for summary judgment, the circuit court concluded that Watertown converted Fin-Ag’s collateral.

[¶ 2.] This case involves the same debtors1 and creditor, and the same type of *24cattle sales considered in Fin-Ag, Inc. v. Cimpl’s, Inc., 2008 SD 47, 754 N.W.2d 1, 2008 WL 2469183; Fin-Ag, Inc. v. Pipestone Livestock Auction Market, Inc., and Fin-Ag, Inc. v. South Dakota Livestock Sales of Watertown, Inc., 2008 SD 48, 754 NW.2d 29, 2008 WL 2469194. In fact, the circuit court’s memorandum decision in Fin-Ag, Inc. v. South Dakota Livestock Sales of Watertown was the basis for the circuit court’s decision in this case. Because we considered the same core issues2 involving virtually identical transactions in the prior cases, we reverse and remand this case for further proceedings in accordance with those decisions.

[¶ 3.] GILBERTSON, Chief Justice, and MEIERHENRY, Justice concur. [¶ 4.] SABERS and KONENKAMP, Justices, dissent in part and concur in part.

. Berwalds includes the following persons and entities: Calvin Berwald, Michael Ber-wald, Kimberly Berwald, Berwald Brothers (a general partnership including Calvin and Michael Berwald as general partners), and Sok-ota Dairy, LLC.

. Watertown Livestock raises one additional argument under the Packers and Stockyards Act, 7 USC § 181, attempting to distinguish Consolidated Nutrition, L.C. v. IBP, Inc., 2003 SD 107, 669 N.W.2d 126. We decline to review that argument because it was not presented to the circuit court.