HEBEL v. EBERSOLE

No. 74-1939.

543 F.2d 14 (1976)

Glen HEBEL and Eldon Wiemkin, Individually and d/b/a Walnut Auction Sales, Plaintiffs-Appellees, v. Donald A. EBERSOLE et al., Defendants-Appellees, and First Security National Bank of Beaumont, Texas, Executor of the Last Will of W. P. H. McFaddin, Jr., Deceased, and Joseph Ault, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 1976.

Rehearing Denied September 22, 1976.


Attorney(s) appearing for the Case

Woodruff A. Burt, Freeport, Ill., Louis V. Nelson, Beaumont, Tex., Mason Bull, Morrison, Ill., Owen Rall, Chicago, Ill., for defendants-appellants.

Thomas Kavadas, Jr., Sterling, Ill., for Paul Saunders, Drexel Conley and Eric Barber, individually and doing business as S & C Cattle Co.

Before FAIRCHILD, Chief Judge, and CUMMINGS and SPRECHER, Circuit Judges.


FAIRCHILD, Chief Judge.

The principal question before us in this interpleader case is whether a holder in due course of a check on which payment has been stopped has a claim to a fund deposited in court by the drawer of the check superior to any unsecured claim of cattle owners for the sale of whose cattle the check was originally issued to another. The district court held that the rights of the holder in due course were superior to those of the cattle owners. We...

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