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GENESEE MERCHANTS BANK & TRUST CO. v. TUCKER MOTOR SALES

Docket Nos. 71785, 72615.

143 Mich. App. 339 (1985)

372 N.W.2d 546

GENESEE MERCHANTS BANK & TRUST COMPANY v. TUCKER MOTOR SALES EAGLE CHRYSLER-DODGE SALES, INC. v. GENESEE MERCHANTS BANK & TRUST COMPANY

Michigan Court of Appeals.

Decided June 3, 1985.

Attorney(s) appearing for the Case

Abbott, Nicholson, Quilter, Esshaki & Youngblood, P.C. (by Donald E. Conley and Carl F. Jarboe), for Eagle Chrysler-Dodge Sales, Inc.

Neithercut, Klapp, Shegos & Dillard (by James C. Dillard and Kittredge R. Klapp), for Genesee Merchants Bank & Trust Company.

Shulaw, Bowne & Omer, P.C. (by Richard A. Shulaw and Robin L. Omer), for Tucker Motor Sales.

Before: CYNAR, P.J., and R.B. BURNS and R.L. TAHVONEN, JJ.

R.L. TAHVONEN, J.

Under the Uniform Commercial Code is an unpaid cash seller's right to reclaim goods from the buyer superior or subordinate to the floating lien of the buyer's secured creditor in the same goods?

In docket no. 71785, Genesee County Circuit Judge Judith Fullerton concluded that the lien was superior and entered summary judgment for the secured creditor. In docket no. 72615, Genesee County Circuit Judge Thomas Yeotis concluded that the right...

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