DELTA PRIDE CATFISH, INC. v. MARINE MIDLAND BUS. LOANS, INC.

No. LR-C-89-889.

767 F.Supp. 951 (1991)

DELTA PRIDE CATFISH, INC., Individually, and on Behalf of All Others Similarly Situated, Plaintiff, v. MARINE MIDLAND BUSINESS LOANS, INC., and Atkinson & Company Truck Brokers, Inc. and Walter M. Dickinson, as Trustee in Bankruptcy for Atkinson & Company Truck Brokers, Inc., Defendants.

United States District Court, E.D. Arkansas, W.D.

June 19, 1991.


Attorney(s) appearing for the Case

Richard C. Bradley, III, James R. Mozingo, Stennett, Wilkinson & Ward, Jackson, Miss., and Anthony J. Sherman, Sherman & James, Little Rock, Ark., for plaintiff Delta Pride Catfish, Inc.

Frederick S. Wetzel, III, Wetzel & Pruniski, Little Rock, Ark., for Atkinson & Co. Truck Brokers, Inc. and Walter M. Dickinson.

John E. Tull, III and David F. Menz, William & Anderson, Little Rock, Ark., for defendants.


MEMORANDUM OPINION

SUSAN WEBBER WRIGHT, District Judge.

In this case a truck hauler alleges a scheme by a truck broker and its lender to divert monies collected from shippers to pay off the truck broker's business loan rather than remitting those funds to the haulers. Plaintiff Delta Pride Catfish, Inc. (Delta Pride) sued Marine Midland Business Loans, Inc. (Marine Midland), alleging that Marine Midland seized $31,500 belonging to Delta Pride in violation...

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