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DODGE MOTOR TRUCKS, INC. v. FIRST NAT. BANK OF OMAHA

Nos. 74-1858, 74-1859.

519 F.2d 578 (1975)

DODGE MOTOR TRUCKS, INC., a corporation, Plaintiff-Appellee, v. FIRST NATIONAL BANK OF OMAHA, a corporation, Defendant-Appellant. DODGE MOTOR TRUCKS, INC., a corporation, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF OMAHA, a corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1975.

Attorney(s) appearing for the Case

William T. Oakes, Omaha, Neb., for 1st Nat'l Bank of Omaha.

Harry B. Otis, Omaha, Neb., for Dodge Motor Trucks.

Before HEANEY and STEPHENSON, Circuit Judges, and TALBOT SMITH, Senior District Judge.

STEPHENSON, Circuit Judge.

In this diversity action arising out of the purchase of four vehicles by Midwest Mail Service, Inc. (Midwest) from Dodge Motor Trucks, Inc. (Dodge), defendant First National Bank of Omaha, Inc. (Bank) appeals from the district court's1 memorandum and order imposing a constructive trust on the four vehicles in question. The district court held that the Bank had a first lien on the vehicles as constructive trustee...

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