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IN RE JOE MORGAN, INC.

No. 92-6301.

985 F.2d 1554 (1993)

In re JOE MORGAN, INC., Debtor. UTILITY CONTRACTORS FINANCIAL SERVICES, INC., Plaintiff, Counter-Defendant-Appellee, v. AMSOUTH BANK N.A., Joe Morgan, Inc., Defendants, Sunburst Bank, Defendant, Counter-Plaintiff-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 22, 1993.

Attorney(s) appearing for the Case

James E. Robertson, Jr., Armbrecht, Jackson, Demouy, Crowe, Holmes & Reeves, Mobile, AL, for defendant, counter-plaintiff-appellant.

Victor T. Hudson, William W. Watts, III, Reams, Philips, Killion, Brooks, Schell, Gaston & Hudson, PC, Mobile, AL, for plaintiff, counter-defendant-appellee.

Before TJOFLAT, Chief Judge, CARNES, Circuit Judge, and JOHNSON, Senior Circuit Judge.

CARNES, Circuit Judge:

Appellant Sunburst Bank ("Sunburst") appeals the district court's affirmance of an order of the bankruptcy court holding that: (i) Appellee Utility Contractors Financial Services ("UCON") was a holder in due course with respect to any checks received from account debtors of Joe Morgan, Inc. ("JMI") prior to July 17, 1989 and, therefore, had priority over Sunburst's prior perfected security interest in JMI's accounts receivable; and (ii) Sunburst...

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