MATTER OF BUFKIN BROS., INC.

No. 84-4346.

757 F.2d 1573 (1985)

In the Matter of BUFKIN BROTHERS, INC., Bankrupt. MULTI-MART BRANCH OFFICE, FIRST STATE BANK, Appellant, v. APPLIANCE BUYERS CREDIT CORPORATION, Appellee.

United States Court of Appeals, Fifth Circuit.

April 22, 1985.


Attorney(s) appearing for the Case

Robert A. Byrd, Biloxi, Miss., Curtis Breland, Leakesville, Miss., for appellant.

Bryan, Nelson, Allen, Schroeder & Backstrom, John A. Banahan, Pascagoula, Miss., for appellee.

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


E. GRADY JOLLY, Circuit Judge:

This appeal presents a priority dispute between two competing creditors who had security interests in the same collateral of a bankrupt debtor. The appellant bank filed a financing statement at a time when no prior security interest in the debtor's property appeared of public record. The appellee credit corporation, however, previously had filed a continuation statement that was returned by the filing clerk because of an alleged defect...

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