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GENERAL INS. CO. OF AMERICA v. LOWRY

No. 76-1845.

570 F.2d 120 (1978)

GENERAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellee, v. Edward F. LOWRY and Kusworm & Myers Co., L. P. A., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 15, 1978.

Attorney(s) appearing for the Case

John H. Dawson, Hall & Dawson, Dayton, Ohio, for defendants-appellants.

Paul Tague, Jr., J. Paul McNamara, McNamara & McNamara, Columbus, Ohio, for plaintiff-appellee.

Before PHILLIPS, Chief Judge, EDWARDS, Circuit Judge, and THORNTON, District Judge.

PHILLIPS, Chief Judge.

The issue in this diversity suit is whether the priority provision of the Ohio Uniform Commercial Code, Ohio Rev.Code Ann. § 1309.31 (UCC 9-312), precludes the imposition of an equitable lien under the unusual facts of the present case. In comprehensive findings of fact and conclusions of law, District Judge Carl B. Rubin allowed an equitable lien under the "narrowly-circumscribed" situation here presented. General Insurance Company...

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