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SHELL OIL CO. v. MILLS OIL CO., INC.

No. 83-4136 Summary Calendar.

717 F.2d 208 (1983)

SHELL OIL COMPANY, Plaintiff-Appellant, v. MILLS OIL COMPANY, INC., et al., Defendants, Citizens Bank of Byhalia, Ms., Dudley R. Moore, Jr. & John Mark Crain, Defendants-Appellees, D.D. Mills, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 17, 1983.

Attorney(s) appearing for the Case

Freeland & Gafford, Deborah Hodges Bell, G.A. Gafford, Oxford, Miss., for Shell Oil.

Bonner & Birmingham, James L. Bonner, Olive Branch, Miss., for D.D. Mills.

D. Rook Moore, III, Holly Springs, Miss., Grady F. Tollison, Jr., Oxford, Miss., for defendants-appellees.

Before CLARK, Chief Judge, RUBIN and JOLLY, Circuit Judges.

CLARK, Chief Judge:

In this diversity action, Shell Oil Company and D.D. Mills appeal from the district court's order granting summary judgment in favor of Citizens Bank of Byhalia, Mississippi, and two of its officers, Dudley R. Moore, Jr., and J. Mark Crain. On appeal from the grant of summary judgment, Shell asserts that the bank lacked the good faith necessary for its security interest in Mills Oil Company's inventory to prevail over Shell's interest as an unpaid...

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