JOHN DEERE CO. v. AMERICAN NAT. BANK, STAFFORD

No. 86-2830 Summary Calendar.

809 F.2d 1190 (1987)

JOHN DEERE COMPANY, Plaintiff-Appellant, v. AMERICAN NATIONAL BANK, STAFFORD, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 1987.


Attorney(s) appearing for the Case

Vikram Chandhok, Carrington, Coleman, Sloman & Blumenthal, Dallas, Tex., George M. Kryder, III, Dallas, Tex., for plaintiff-appellant.

Steven A. Leyh, Sellers & Berg, Warren W. Boone, Houston, Tex., for defendant-appellee.

Before GEE, REAVLEY and JOLLY, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

In this case, the plaintiff, John Deere Company, appeals from the district court's grant of summary judgment in favor of the defendant, American National Bank. Because the district court granted summary judgment on grounds not urged upon it by the defendant and for which the plaintiff did not have adequate notice, we reverse.

I

In 1983 and 1984, the John Deere Company ("John Deere") sold on credit to Mack Adams of Winnie...

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