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SOUTHTRUST BANK v. BORG-WARNER ACCEPTANCE CORP.

No. 84-7396.

760 F.2d 1240 (1985)

SOUTHTRUST BANK OF ALABAMA, NATIONAL ASSOCIATION, formerly named Birmingham Trust National Bank, Plaintiff-Appellee, v. BORG-WARNER ACCEPTANCE CORP., a corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 21, 1985.

Attorney(s) appearing for the Case

Leo E. Costello, Birmingham, Ala., for defendant-appellant.

Thomas R. Elliott, Jr., Laurence D. Vinson, Jr., Birmingham, Ala., for plaintiff-appellee.

Before RONEY and HILL, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

Borg-Warner Acceptance Corporation ("BWAC") appeals from a decision of the district court denying its motion for summary judgment and granting summary judgment to Southtrust Bank ("the Bank") in a diversity suit. The Bank filed a declaratory judgment action to ascertain which of the parties has priority in the inventory of four debtors, Molay Brothers Supply Company, Inc., Gulf City Distributors, Inc., Standard Wholesale Supply Company...

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