MATTER OF NIX

No. 88-2686 Summary Calendar.

864 F.2d 1209 (1989)

In the Matter of John O. NIX and wife, Toni T. Nix, Etc., Et al., Debtors. STATE FIRST NATIONAL BANK, Appellant, v. John Olin NIX and Toni Thompson Nix, Appellees. Billy Lee THOMPSON, Trustee, Appellee, v. STATE FIRST NATIONAL BANK, Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 24, 1989.


Attorney(s) appearing for the Case

Nelson V. Shaw, Smith, Stroud, McClerkin, Dunn & Nutter, Texarkana, Tex., for appellant.

Billy Lee Thompson, Trustee, Lufkin, Tex., pro se.

Stephen T. Arnold, Texarkana, Ark., for John Olin Nix & wife, Toni Thompson Nix.

Before RUBIN, GARWOOD, and DAVIS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The issue is whether a Keogh retirement plan, created to comply with federal tax law, is an intangible on which a security lien may be created pursuant to Article 9 of the Uniform Commercial Code. We hold that it is, and, therefore, reverse the district court's judgment that a Keogh plan is a "bank deposit" excepted from Article 9.

I.

Dr. John Nix borrowed $50,000 from First National Bank on September 17, 1982, executing...

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