JOHN DEERE CO. v. BUTLER COUNTY IMPLEMENT, INC.

No. 53,898

232 Kan. 273 (1982)

655 P.2d 124

JOHN DEERE COMPANY, A Delaware Corporation, Appellee, v. BUTLER COUNTY IMPLEMENT, INC., A Kansas Corporation; UNITED STATES OF AMERICA; FIRST NATIONAL BANK AND TRUST COMPANY; BORG-WARNER ACCEPTANCE CORPORATION, A Delaware Corporation; AUSTIN PRODUCTS, INC., A Texas Corporation; KUBOTA TRACTOR CORPORATION, Appellees, and STATE OF KANSAS, DEPARTMENT OF HUMAN RESOURCES; STATE OF KANSAS, DEPARTMENT OF REVENUE, Appellants.

Supreme Court of Kansas.

Opinion filed December 3, 1982.


Attorney(s) appearing for the Case

H. Dean Cotton, attorney, Kansas Department of Human Resources, argued the cause and was on the briefs for appellant, Kansas Department of Human Resources.

Michael G. Coash, of Bond, Bond & Coash, of El Dorado, argued the cause and was on the brief for appellee, First National Bank and Trust Company.

Alan F. Alderson, general counsel, Kansas Department of Revenue, argued the cause, and Craig A. Kreiser, attorney, Kansas Department of Revenue, was on the brief for appellant, Kansas Department of Revenue.

Terry L. Fredricks, attorney, United States Department of Justice, argued the cause, and Glenn L. Archer, Jr., assistant United States attorney general, Michael L. Paup, and Richard Farber, attorneys, United States Department of Justice, were with him on the brief for appellee, United States of America.


The opinion of the court was delivered by

McFARLAND, J.:

This is an interpleader action brought by plaintiff John Deere Company. The subject matter of the action is excess proceeds from the sale of repossessed inventory of farm equipment. Said inventory had been repossessed by John Deere under a floor-plan agreement after defendant Butler County Implement, a John Deere dealer, defaulted on payments due John Deere...

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