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Archer Daniels Midland offers no settlement in defunct ethanol plant suit

GRAND FORKS, N.D. -- Attempts to settle a $700,000 lawsuit between Archer Daniels Midland Co. and a North Dakota farmer failed Monday. ADM, based in Illinois, alleges that Al Johnson and his Johnson Farms company improperly failed to live up to a...

ADM suit against Johnson Farms
Archer Daniels Midland attorney Charles Macdonald (right) and another unidentified attorney depart the Ronald N. Davies U.S. Courthouse in Grand Forks, N.D., on June 15. Macdonald says the two sides failed to reach a settlement in a process overseen by U.S. Magistrate Judge Alice R. Senechal. ADM is suing Johnson Farms of Walhalla, N.D., for failing to live up to a deal to buy a defunct ethanol plant. Photo taken June 15 in Grand Forks, N.D. (Forum News Service/Agweek/Mikkel Pates)

GRAND FORKS, N.D. -- Attempts to settle a $700,000 lawsuit between Archer Daniels Midland Co. and a North Dakota farmer failed Monday.

ADM, based in Illinois, alleges that Al Johnson and his Johnson Farms company improperly failed to live up to a deal to pay $2.5 million for a defunct ethanol plant in Walhalla. Johnson had promised $2.5 million for the facilities. When he didn't continue with the deal, ADM sold the facilities to others for $2 million.

ADM sued Johnson Farms for the $500,000 difference between the two deals, plus $200,000.

"The bottom line was there is no agreement," said Charles Macdonald, who works in Minneapolis with the Faegre Baker Daniels LLP, and is the lead attorney for ADM in the case. He said the case will proceed toward a trial.

Johnson declined to speak to about the case.

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The federal clerk of court in Bismarck said a second settlement hearing is set for Aug. 9, 2016. If that's unsuccessful, a pre-trial conference and jury trial will take place Aug. 23, 2016, in Fargo.

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