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WEISBART & CO. v. FIRST NAT. BANK OF DALHART, TEX.

No. 76-1860.

568 F.2d 391 (1978)

WEISBART & CO., a Colorado Corporation, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF DALHART, TEXAS, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 24, 1978.

Attorney(s) appearing for the Case

Otis C. Shearer, Booker, Tex., James G. Baker, Perryton, Tex., for plaintiff-appellant.

Davis & David, John L. David, Dalhart, Tex., Earnest L. Langley, Hereford, Tex., for defendants-appellees.

Don L. Patterson, Amarillo, Tex., for Al Gallo.

Before INGRAHAM, GEE and TJOFLAT, Circuit Judges.

INGRAHAM, Circuit Judge:

This case arises out of a three-party transaction involving a seller of cattle, the bank which financed his herd, and the purchaser of the cattle. Following the execution of a contract for sale but prior to delivery of the livestock to the purchaser, the bank foreclosed upon its security interest and repossessed the cattle. This suit by the purchaser against the bank to recover the value of the cattle presents an issue of first impression...

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