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FIRST NAT. BANK OF HAYES CENTER v. RICKEL, INC.

No. 86-941.

427 N.W.2d 777 (1988)

229 Neb. 478

FIRST NATIONAL BANK OF HAYES CENTER, a National Banking Corporation, Appellant and Cross-Appellee, v. RICKEL, INC., a Kansas Corporation, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

August 12, 1988.

Attorney(s) appearing for the Case

Stanley C. Goodwin of Colfer, Lyons, Wood, Malcom & Goodwin, McCook, for appellant and cross-appellee.

Royce E. Norman of Kelley, Scritsmier, Moore & Byrne, P.C., North Platte, for appellee and cross-appellant.

BOSLAUGH, WHITE, and SHANAHAN, JJ., and SPRAGUE and THOMPSON, District Judges.

SPRAGUE, District Judge.

Plaintiff, First National Bank of Hayes Center, perfected a security interest in wheat owned by James Palic in May of 1982. In October of 1982, Palic sold 10,483.83 bushels of the wheat to one Jimmie Sailors.

During the period of October 25 through 27, 1982, Sailors sold the wheat to VerDon Scott, doing business as Beverly Grain Company, and the wheat was delivered at that time.

On November 26, 1982, a shortage of wheat was...

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