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SECURITY NAT. BANK v. BELLEVILLE LIVESTOCK COM'N

Nos. 76-2113 to 76-2115.

619 F.2d 840 (1979)

SECURITY NATIONAL BANK, a National Banking Association, Plaintiff-Appellee, v. BELLEVILLE LIVESTOCK COMMISSION CO., INC., and Lowell Darcey, an Individual d/b/a Belleville Livestock Commission Co., Defendants-Appellants, and SECURITY NATIONAL BANK, a National Banking Association, Plaintiff-Appellee, v. GLASCO LIVESTOCK EXCHANGE, INC., a corporation, Defendant-Appellant, and SECURITY NATIONAL BANK, a National Banking Association, Plaintiff-Appellee, v. OSBORNE LIVESTOCK COMMISSION, INC., a Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 30, 1980.

Attorney(s) appearing for the Case

Maureen E. McGrath, Omaha, Neb. (Kutak, Rock, Cohen, Campbell, Garfinkle & Woodward, Omaha, Neb., and John Q. Royce of Hampton, Royce, Engleman & Nelson, Salina, Kan., on brief), for plaintiff-appellee.

Gerald Sawatzky, Wichita, Kan. (James D. Oliver, Wichita, Kan., and Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., of counsel, on brief), for defendants-appellants.

Edward W. Rothe and James T. Malysiak of Freeman, Rothe, Freeman & Salzman, Chicago, Ill., on brief, for Iowa Beef Processors, Inc., as amicus curiae.

Before HOLLOWAY, BARRETT and McKAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant-appellant livestock auctions ("Belleville," "Glasco," and "Osborne") have taken these timely appeals to review a summary judgment for the plaintiff Bank in three conversion cases brought by the Bank, claiming conversion by the auction companies of cattle covered by its security agreements. The primary issues are (1) whether the Bank impliedly waived its security interest in cattle sold by...

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