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INTERFIRST BANK OF ABILENE, N.A. v. LULL MFG.

No. 85-1037.

778 F.2d 228 (1985)

INTERFIRST BANK OF ABILENE, N.A., Plaintiff-Appellee, v. LULL MANUFACTURING, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 16, 1986.

Attorney(s) appearing for the Case

McMahon, Smart, Surovik, Suttle & Buhrmann, Stephen H. Suttle, Abilene, Tex., Paul A. Leonard, Jr., Highland, Ind., for defendant-appellant.

Wagstaff, Harrell, Alvis, Stubbeman, Seamster & Longacre, Roy B. Longacre, Abilene, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, and BROWN and GEE, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This appeal arises out of a lawsuit filed by Interfirst Bank of Abilene (Bank) against Lull Manufacturing (Lull) to recover the value of a forklift which Lull delivered to and later removed from the property of Ted Evans Equipment Company (Evans Co.), a defaulting buyer. We must determine whether the Bank's perfected security interest in the after acquired property of the purchaser attached to the forklift upon delivery and thereby rendered...

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