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CITIZENS BANK v. ELKS BLDG., N.V.

No. 18185.

663 P.2d 56 (1983)

The CITIZENS BANK, a State chartered bank corporation, Plaintiff and Respondent, v. The ELKS BUILDING, N.V., a Netherlands Antilles corporation, Defendant and Appellant.

Supreme Court of Utah.

March 29, 1983.

Attorney(s) appearing for the Case

Joseph C. Rust, Salt Lake City, for defendant and appellant.

Theodore E. Kanell, Ronald L. Poulton, Salt Lake City, for plaintiff and respondent.

STEWART, Justice:

This appeal concerns the priority of claims to a security interest in personal property used in a restaurant that went out of business. The landlord, the appellant, Elks Building, N.V., claims a lien for unpaid rents pursuant to U.C.A., 1953, § 38-3-1 and pursuant to a provision in the lease. Elks contends that its lien is superior to Citizens Bank's lien which was perfected under the provisions of the U.C.C. to secure a loan from the Bank....

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