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UTICA NAT. BANK & TRUST CO. v. HAPPY WHEAT GROWERS, INC.

No. 75-3305.

558 F.2d 279 (1977)

UTICA NATIONAL BANK & TRUST COMPANY, Plaintiff-Appellee, v. HAPPY WHEAT GROWERS, INC., Defendant, Lawrence Systems, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 29, 1977.

Attorney(s) appearing for the Case

Jess C. Dickie, Amarillo, Tex., Marvin Schulman, Houston, Tex., for defendant-appellant.

Robert H. Smith, Amarillo, Tex., William C. Anderson, Tulsa, Okl., for plaintiff-appellee.

Before GODBOLD, TJOFLAT and HILL, Circuit Judges.

GODBOLD, Circuit Judge:

This case involves a dispute between a warehouseman and a secured party over who shall bear the loss for 238 head of warehoused cattle. The warehouseman delivered the cattle to a third party authorized by the owner-debtor to sell them. They were sold for the account of the debtor, and the secured party never received the proceeds.

Cattle belonging to Three S Cattle Company ("3S") were placed...

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