TAYLOR RENTAL CORP. v. FIRST CITIZENS BANK

No. CV-81-61-BLG.

539 F.Supp. 228 (1982)

TAYLOR RENTAL CORPORATION, Plaintiff, v. FIRST CITIZENS BANK, Defendant.

United States District Court, D. Montana, Billings Division.

April 30, 1982.


Attorney(s) appearing for the Case

Rodd A. Hamman, Billings, Mont., for plaintiff.

Kenneth R. Wilson, Miles City, Mont., for defendant.


MEMORANDUM OPINION

BATTIN, Chief Judge.

Plaintiff's motion for summary judgment raises the issue of whether a bank, possessing a security interest filed only with the county clerk and recorder, may assert priority over a previously perfected security interest of a franchiser in after-acquired inventory. For the reasons provided below, we conclude that the franchiser's security interest must have priority over the bank's security interest.

I. FACTUAL...

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