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EXHIBIT 5.1
BROWN, WINICK, GRAVES, GROSS,
BASKERVILLE AND SCHOENEBAUM, P.L.C.
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ATTORNEYS AT LAW
666 GRAND AVENUE, SUITE 2000 Richard W. Baskerville Nancy S. Boyd Valerie D. Bandstra Patents and Trademarks
DES MOINES, IOWA 50309-2510 Bruce Graves James L. Pray Alexander M. Johnson G. Brian Pingel
Steven C. Schoenebaum Brenton D. Soderstrum James S. Niblock Camille L. Urban
TELEPHONE: (515) 242-2400 Harold N. Schneebeck Michael D. Treinen Ann Holden Kendell
FACSIMILE: (515) 283-0231 Paul D. Hietbrink Scott L. Long Rebecca A. Brommel
William C. Brown Ronni F. Begleiter Kelly K. Helwig
Richard K. Updegraff Miranda L. Hughes Mark E. Roth Washington, D.C. Office
Paul E. Carey Duane P. Hagerty Tina R. Thompson Brian Kennedy
URL: www.ialawyers.com Douglas E. Gross Kelly D. Hamborg Brian M. Green
John D. Hunter William E. Hanigan Dustin D. Smith
James H. Gilliam Mary A. Ericson Adam W. Jones
Offices in: Robert D. Andeweg Barbara B. Burnett Catherine C. Cownie Of Counsel:
West Des Moines, Iowa Alice Eastman Helle Michael J. Green Erick D. Prohs Marvin Winick
Pella, Iowa Michael R. Blaser Michael A. Dee Laura N. Martino
Washington, D.C. Thomas D. Johnson Danielle Dixon Smid Amy R. Piepmeier
Christopher R. Sackett Deborah J. Schmudlach
Sean P. Moore Brian P. Rickert Walter R. Brown (1921-2000)
WRITER'S DIRECT DIAL NO.
(515) 242-2473
WRITER'S E-MAIL ADDRESS
hanigan@ialawyers.com
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December 10, 2004
The Board of Directors
East Kansas Agri-Energy, L.L.C.
P.O. Box 225
210 1/2 East 4th Avenue
Garnett, KS 66032
RE: 2004 Registration Statement on Form SB-2
Dear Directors:
In connection with the currently proposed registered offering of up to 9,091
membership units ("Membership Units") of East Kansas Agri-Energy, L.L.C. (the
"Company"), we have made such legal examination and inquiries as we have deemed
advisable or necessary for the purpose of rendering this opinion and have
examined originals or copies of the following documents and corporate records:
1. The Company's Articles of Organization;
2. The Company's Amended and Restated Operating Agreement, as amended;
3. The Company's resolutions of the Board of Directors authorizing the
issuance of units; and
4. The Company's Registration Statement on Form SB-2, as filed by East
Kansas Agri-Energy, L.L.C. with the United States Securities and
Exchange Commission on [date]
In rendering our opinions, with the consent of the Company, we have relied upon:
(i) the representations of the Company and other representatives as set forth in
the aforementioned documents as to those factual matters that we were unable to
ascertain ourselves; and (ii) certificates and assurances from public officials
and the Company as we have deemed necessary for purposes of expressing the
opinions expressed herein. We have not undertaken any independent investigation
to determine or verify any information and representations made by the Company
and its representatives in the foregoing documents or in such certificates, and
we
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December 10, 2004
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have relied upon such information and representations in expressing our
opinions.
We have assumed in rendering these opinions that no person or party has taken
any action inconsistent with the terms of the above-described documents or
prohibited by law. We have confirmed that no attorney in this office who has
provided legal services to the Company within the past six months has notice or
knowledge of any misstatements or inaccuracies in the representation upon which
we have relied.
The opinions expressed herein shall be effective only as of the date of this
opinion letter. The opinions set forth herein are based upon existing law and
regulations, all of which are subject to change prospectively and retroactively.
Our opinions are based on the facts and the above documents as they exist on the
date of this letter, and we assume no obligation to revise or supplement such
opinions as to future changes of law or fact. This opinion letter is limited to
the matters stated herein and no opinions are to be implied or inferred beyond
the matters expressly stated herein.
Based on our examination and inquiry, we are of the opinion that the Membership
Units will be validly issued, duly authorized, fully paid and non-assessable
when issued and sold in the manner referred to in the Registration Statement and
under the applicable subscription agreement(s), provided that the Registration
Statement is effective.
Very truly yours,
William E. Hanigan