CITIZENS & SOUTHERN NAT. BANK v. AUER

No. 78-1507.

640 F.2d 837 (1981)

The CITIZENS & SOUTHERN NATIONAL BANK, Plaintiff-Appellant, v. William A. AUER and Judith Auer, Defendants-Appellees, and The Richland Trust Company, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 4, 1981.


Attorney(s) appearing for the Case

O. Taylor Pickard, Jr., Wilson, Worley, Gamble & Ward, W. Carr Hagan, Jr., Kinsport, Tenn., for plaintiff-appellant.

Wendal D. Jackson, Bristol, Tenn., for defendants-appellees.

Before KENNEDY, Circuit Judge, CELEBREZZE, Senior Circuit Judge, and SILER, District Judge.


SILER, District Judge.

Plaintiff, Citizens & Southern National Bank, and defendant, The Richland Trust Company, are judgment creditors of William A. Auer, defendant-appellee. Although the banks were on opposite sides below, in disputing the priorities of their liens, they are on the same side here as appellants and have sought to reverse the decision of the District Court. Therefore, for purposes of this appeal, they will be called collectively "appellant" or...

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