VALLEY NAT. BANK v. PORTER

No. 82-1667.

705 F.2d 1027 (1983)

The VALLEY NATIONAL BANK, a corporation, Appellant, v. Ronald J. PORTER, former District Director, Internal Revenue Service; Fred R. Couch, Revenue Officer, Internal Revenue Service; and Robert J. Lanham, Revenue Officer, Internal Revenue Service, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 9, 1983.


Attorney(s) appearing for the Case

Edwin N. McIntosh, John D. Shors, Des Moines, Iowa, for appellant, Valley Nat. Bank; Davis, Hockenberg, Wine, Brown & Koehn, Des Moines, Iowa, of counsel.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Gary R. Allen, John A. Dudeck, Jr., Attorneys Tax Division, Dept. of Justice, Washington, D.C., for appellees; Richard C. Turner, U.S. Atty., Des Moines, Iowa, of counsel.

Before LAY, Chief Judge, and BRIGHT and ROSS, Circuit Judges.


PER CURIAM.

During 1975 and 1976 plaintiff-appellant, Valley National Bank, made loans in excess of $100,000 to Van Dyck Heating and Air Conditioning, Inc., a corporation owned by Shirley Horn and operated by her husband, Kenneth Horn. The bank obtained and perfected a security interest in all accounts, contract rights and chattel paper, including third-party checks payable to the corporation. Thereafter, Van Dyck's business gradually declined and the bank's loan...

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