411.285. Procedure after license is revoked--injunction to sell or remove grain, hearing, notice.

MISSOURI STATUTES AND CODES

411.285. Procedure after license is revoked--injunction to sell or remove grain, hearing, notice.

Procedure after license is revoked--injunction to sell or removegrain, hearing, notice.

411.285. 1. When a license is revoked, the warehousemanshall terminate, in a manner prescribed by the director, allarrangements covering the storing of grain in the warehousecovered by the license, but shall be permitted, under thesupervision of the director, to deliver or purchase grainpreviously received.

2. In terminating arrangements regarding the storing ofgrain, the warehouseman shall prepare and send a notice, in aform approved by the director, to all depositors. The noticeshall set forth the fact of termination and provide for aschedule of deliveries.

3. When a license is revoked, the director shall notify eachdepositor or holder of an outstanding warehouse receipt of therevocation. The director shall further notify each depositor orreceipt holder that his grain must be sold or removed from thewarehouse. The notice shall be by ordinary mail sent to the lastknown address of each receipt holder. Upon receipt of thenotice, it shall be the legal duty imposed hereby of eachdepositor or receipt holder to so sell, or remove or cause to beremoved his grain from the warehouse forthwith.

4. When a warehouseman's license is revoked pursuant to thissection, the director may apply to the circuit court for amandatory injunction ordering depositors to sell, remove or causeto be removed their grain from the warehouse and the circuitcourts are hereby empowered to enter such an order. A hearingshall be held within ten days of the filing of any such petition.Notice of hearing to depositors, receipt holders, warehouseman,surety, all interested persons and the director shall be by anypracticable means effecting actual notice. Further, the circuitcourts are empowered to enter any order pertaining to thewarehouseman, director, depositors, receipt holders, surety, orother interested persons that is appropriate in the circumstancesto effectuate such removal or sale consistent with the purpose ofthis chapter. The court may enforce any order entered pursuantto this section by its contempt powers or as otherwise providedby law.