VALENTINE PROD. CREDIT ASS'N v. SPENCER FOODS

No. 40420.

241 N.W.2d 541 (1976)

196 Neb. 119

VALENTINE PRODUCTION CREDIT ASSOCIATION, Appellee, v. SPENCER FOODS, INC., a Delaware Corporation, Appellant.

Supreme Court of Nebraska.

May 5, 1976.


Attorney(s) appearing for the Case

Swarr, May, Smith & Andersen, William K. Schaphorst, Omaha, for appellant.

James T. Gleason of Collins & Gleason, Omaha, for appellee.

Heard before SPENCER, NEWTON and BRODKEY, JJ., and COLWELL and BLUE, District Judges.


COLWELL, District Judge.

This is an appeal from summary judgment. Suit was brought for conversion of 63 head of cattle subject to a security agreement in favor of plaintiff, Valentine Production Credit Association. The owner of the cattle, Fud Ferris, Jr., sold them to defendant, Spencer Foods, Inc., a meat packer, on April 1, 1971, for $19,839.51. Plaintiff claims the proceeds of that sale were not applied to its security debt and it now has an interest in the proceeds...

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