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CIRCLE 76 FERTILIZER, INC. v. NELSEN

No. 84-343.

365 N.W.2d 460 (1985)

219 Neb. 661

CIRCLE 76 FERTILIZER, INC., a Nebraska Corporation, Appellant, v. Dale E. NELSEN, Also Known As Dale Nelson, et al., Appellees, Mid-State Co-op, Inc., a Nebraska Corporation, Appellant, First National Bank of Holdrege, Intervenor-Appellee.

Supreme Court of Nebraska.

April 5, 1985.

Attorney(s) appearing for the Case

Steven O. Stumpff, Broken Bow, for appellant Circle 76 Fertilizer.

Brad Roth of Black & Sennett, Broken Bow, for appellant Mid-State Co-op, Inc.

Curtis A. Sikyta, Ord, for appellee State Bank of Scotia.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN and GRANT, JJ.

HASTINGS, Justice.

This case deals with the relative priority of a security interest held by the State Bank of Scotia under Neb.U.C.C. § 9-312 (Reissue 1980), a fertilizer lien claimed by the plaintiff, Circle 76 Fertilizer, Inc., under Neb.Rev.Stat. §§ 52-1101 et seq. (Reissue 1984), and a petroleum products lien claimed by Mid-State Co-op, Inc., under Neb.Rev.Stat. §§ 52-901 et seq. (Reissue 1984), with preference alleged as to crops in...

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