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K.M.C. CO., INC. v. IRVING TRUST CO.

No. 83-5563.

757 F.2d 752 (1985)

K.M.C. CO., INC., Plaintiff-Appellee, v. IRVING TRUST COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 4, 1985.

Attorney(s) appearing for the Case

Jack B. Draper, Arnett, Draper & Hagood, Knoxville, Tenn., Peter H. Kaminer (argued), John F. Pritchard, Winthrop, Stimson, Putman & Roberts, New York City, for defendant-appellant.

William D. Vines, III (argued), Butler, Vines, Babb & Threadgill, James C. Wright, Knoxville, Tenn., for plaintiff-appellee.

Harold Krent (argued), Justice Dept., Washington, D.C., for intervenor.

Before KENNEDY and KRUPANSKY, Circuit Judges, and DeMASCIO, District Judge.

CORNELIA G. KENNEDY, Circuit Judge.

Irving Trust Company (Irving) appeals from a judgment entered against it in this diversity action for breach of a financing agreement. K.M.C. is a Tennessee corporation headquartered in Knoxville and engaged in the wholesale and retail grocery business. In 1979, Irving and K.M.C. entered into a financing agreement, whereby Irving held a security interest in all of K.M.C.'s accounts receivable and inventory and provided K.M.C. a...

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