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O'NEILL PRODUCTION CREDIT ASS'N v. SCHNOOR

No. 43247.

302 N.W.2d 376 (1981)

208 Neb. 105

O'NEILL PRODUCTION CREDIT ASSOCIATION, a corporation, Appellee and Cross-Appellant, v. John SCHNOOR et al., Appellees, Galyen Petroleum Company, a corporation, Intervenor-Appellant and Cross-Appellee.

Supreme Court of Nebraska.

February 20, 1981.

Attorney(s) appearing for the Case

Arlen D. Magnuson, O'Neill, for intervenor-appellant and cross-appellee.

Edward E. Hannon, O'Neill, for appellee and cross-appellant.

Heard before KRIVOSHA, C. J., McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ., and RONIN, District Judge.

KRIVOSHA, Chief Justice.

The instant appeal presents to the court a question of first impression involving the issue of whether cattle may be included within the meaning of crops as set out in Neb.Rev.Stat. § 52-901 (Reissue 1978). If cattle are considered crops, we are further asked to decide whether a petroleum products lien has priority over a previously filed security agreement covering the same cattle.

The trial court found that cattle are included...

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