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AMARILLO NAT. BANK v. KOMATSU ZENOAH AMERICA, INC.

No. 92-1684.

991 F.2d 273 (1993)

AMARILLO NATIONAL BANK, Plaintiff-Appellant, v. KOMATSU ZENOAH AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 2, 1993.

Attorney(s) appearing for the Case

Thomas R. Dixon, Jr., Gregory M. Bednarz, Underwood, Wilson, Berry, Stein & Johnson, Amarillo, TX, for plaintiff-appellant.

Robert W. Norcross, Jr., Gen. Counsel, Austin, TX, for amicus, Texas Bankers Ass'n.

Vance Edward Ivy, John T. Huffaker, Gibson, Ochsner & Adkins, Amarillo, TX, for defendant-appellee.

Before POLITZ, Chief Judge, GOLDBERG, and JONES, Circuit Judges.

GOLDBERG, Circuit Judge:

The Amarillo National Bank ("Bank") appeals the district court's denial of its conversion claim against Komatsu Zenoah America, Inc. ("KZA"). The Bank sued KZA for conversion, alleging that KZA wrongfully obtained possession of certain merchandise, in which the Bank has a perfected and superior security interest, from the Connally Implement & Supply Co., Inc. ("CISCO"). The district court, hearing this case under diversity jurisdiction...

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