FEDERAL DEPOSIT INS. CORP. v. YATES

No. WD 37567.

719 S.W.2d 481 (1986)

FEDERAL DEPOSIT INSURANCE CORPORATION, substituted for Albany State Bank, Respondent, v. Howard Dwayne YATES, Margaret Lea Yates, Defendants, and Edith G. Holloway, Appellant.

Missouri Court of Appeals, Western District.

November 4, 1986.


Attorney(s) appearing for the Case

David K. Holdsworth, Krebbs and Holdsworth, Liberty, for appellant.

Robert B. Miner, Peter D. Runyan, Watkins, Boulware, Lucas & Miner, St. Joseph, for respondent.

Before BERREY, J., Presiding, and PRITCHARD and DIXON, JJ.


DIXON, Judge.

Defendant Edith Holloway appeals the trial court's grant of summary judgment in favor of plaintiff Bank in the Bank's replevin action to gain possession of certain farm machinery that had been used as collateral. The plaintiff, Albany State Bank, has become insolvent since the institution of this lawsuit. The FDIC is the substituted plaintiff on appeal.

Holloway asserts that the trial court erred in granting summary judgment because the Bank...

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