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SMITH v. DAIRYMEN, INC.

No. 85-1911.

790 F.2d 1107 (1986)

Richard L. SMITH, Appellant, v. DAIRYMEN, INC., and The Farm Loan Corporation, Defendants, and United States of America, acting through Farmers Home Adm., of the USDA, United Virginia Bank, and First National Bank of Lexington, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 14, 1986.

Attorney(s) appearing for the Case

Michael A. Cleary (M. Caldwell Butler; Woods, Rogers & Hazelgrove, Roanoke, Va., on brief), for appellant.

Bruce W. White, U.S. Dept. of Agriculture, Washington, D.C. (Jean B. Weld, Asst. U.S. Atty., Roanoke, Va., on brief), for appellee U.S.

William O. Roberts, Jr., Lexington, Va., on brief, for appellee United Virginia Bank.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge, and HOUCK, United States District Judge for the District of South Carolina, sitting by designation.

HARRISON L. WINTER, Chief Judge:

The principal question presented by this appeal is whether the security interest of a creditor in the debtor's livestock and other farm products extends to farm products produced after a Chapter 11 bankruptcy case was begun. A subsidiary question is one of the district court's appellate bankruptcy jurisdiction.

The bankruptcy court held that the United States, acting through the Farmers Home Administration (FHA) and United...

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