FIRST NAT. BANK OF AMARILLO v. SW LIVESTOCK, INC.

No. 85-1021-K.

616 F.Supp. 1515 (1985)

The FIRST NATIONAL BANK OF AMARILLO, Plaintiff, v. SOUTHWESTERN LIVESTOCK, INC., Defendant.

United States District Court, D. Kansas.

September 9, 1985.


Attorney(s) appearing for the Case

Don Sunderland of Gibson, Ochsner & Adkins, Amarillo, Tex., and Don W. Bostwick of Adams, Jones, Robinson & Malone, Wichita, Kan., for plaintiff.

Jim H. Goering of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., E. Lawrence Oldfield, Ltd. and Jim Malysiak of Freeman, Freeman, & Salzman, Chicago, Ill., for defendant.


MEMORANDUM AND ORDER

PATRICK F. KELLY, District Judge.

This is a conversion action against a Kansas auction house for the wrongful sale of livestock in which plaintiff held a security interest. Defendant filed a motion for summary judgment on the ground plaintiff failed to perfect its security interest in Kansas within four months after the livestock were brought into this state from Oklahoma. The Court concludes, however, an unperfected secured creditor...

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