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IN RE J. V. GLEASON CO.

No. 71-1029.

452 F.2d 1219 (1971)

In the Matter of J. V. GLEASON CO., Inc., Bankrupt. J. J. MICKELSON, Trustee in Bankruptcy for J. V. Gleason Co., Inc., Appellant, v. AETNA CASUALTY AND SURETY COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

December 17, 1971.

Attorney(s) appearing for the Case

Hyman Edelman, Minneapolis, Minn., for appellant.

Mary Jeanne Coyne, Minneapolis, Minn., for appellee.

Before JOHNSEN, Senior Circuit Judge, GIBSON and LAY, Circuit Judges.

GIBSON, Circuit Judge.

The sole issue presented for review is whether a surety's equitable subrogation claim constitutes a "security interest" under the Minnesota Uniform Commercial Code, M.S.A. § 336.1-101 et seq., and is thus required to be filed in order to perfect as a lien against a trustee in bankruptcy.1 The Referee in bankruptcy held it was not. The District Court affirmed. We affirm.

The facts are not in dispute....

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