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BANK OF KANSAS v. NELSON MUSIC CO., INC.

No. 90-3139.

949 F.2d 321 (1991)

BANK OF KANSAS, Plaintiff-Appellee, v. NELSON MUSIC COMPANY, INC., Charles W. Davison, Brad C. Davison, United States of America, and Federal Deposit Insurance Corporation, as successor in interest to Sylvia State Bank, Defendants-Appellees, First National Bank of Kingman, Kansas, Defendant-Appellant, and Yamaha Music Finance, Inc., formerly known as Yamaha Music Corporation U.S.A., Turon State Bank, as successor to Sylvia State Bank, El Paso County Bank, Transamerica Commercial Finance Corporation, Steinway & Sons, Wichita Piano and Organ, Inc., Defendants.

United States Court of Appeals, Tenth Circuit.

November 13, 1991.

Attorney(s) appearing for the Case

Kevin J. Arnel of Foulston & Siefkin, Wichita, Kan. (Terry C. Cupps, on the brief), for plaintiff-appellee.

Victor S. Nelson of Morrison, Hecker, Curtis, Kuder & Parrish, Wichita, Kan., for defendant-appellee FDIC.

Theodore C. Geisert of Geisert & Watkins, Kingman, Kansas (Curtis E. Watkins, on the brief), for defendant-appellant.

Before EBEL and McWILLIAMS, Circuit Judges, and ALLEY, District Judge.

EBEL, Circuit Judge.

This appeal involves a dispute between creditors over the priorities of security interests and liens in the inventory of Nelson Music Company, Inc. The district court granted summary judgment in favor of plaintiff-appellee Bank of Kansas. We reverse the district court and remand for further proceedings consistent with this opinion.

BACKGROUND

Wichita Piano and Organ, Inc. ("Wichita") and Nelson Music Company, Inc. ("Nelson")...

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