GARDEN CITY PRODUCTION CREDIT ASSN. v. LANNAN

No. 37373.

186 N.W.2d 99 (1971)

186 Neb. 668

GARDEN CITY PRODUCTION CREDIT ASSN., Appellant, v. J. P. LANNAN, Appellee.

Supreme Court of Nebraska.

April 16, 1971.


Attorney(s) appearing for the Case

Snell, Winkle & Heese, Columbus, for appellant.

Wagner & Johnson, Raymond E. Baker, Gale D. Tessendorf, Columbus, Mattson, Ricketts, Gourlay & Lewis, Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.


WHITE, Chief Justice.

A protected Kansas lender seeks in replevin to recover 161 head of cattle in the possession of an innocent Nebraska purchaser. The basic issue is whether, under the Uniform Commercial Code, the lender has waived his otherwise protected security interest. The judgment of the district court was against the lender. We reverse the judgment of the district court.

Section 9-306(2), U.C.C., provides: "Except where this article otherwise provides...

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