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WESTERN AUTO SUPPLY CO. v. BANK OF IMBODEN

No. CA 85-128.

701 S.W.2d 394 (1986)

17 Ark.App. 4

WESTERN AUTO SUPPLY COMPANY, Appellant, v. BANK OF IMBODEN, Appellee.

Court of Appeals of Arkansas, Division II.

January 8, 1986.

Attorney(s) appearing for the Case

Barrett, Wheatley, Smith & Deacon, Jonesboro, for appellant.

Ponder & Jarboe by Dick Jarboe, Walnut Ridge, for appellee.

CLONINGER, Judge.

Appellant, Western Auto Supply Company, and appellee, Bank of Imboden, both had security interests in the proceeds, fixtures, and inventory of an associate Western Auto store in Walnut Ridge owned by Ken Welsh. After Mr. Welsh held a "going out of business sale" he turned the proceeds from the sale over to appellee. Appellant filed suit, claiming that its security interest was filed before appellee's and...

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