FIRST NAT'L BANK & TR. v. MIAMI CO. CO-OP ASS'N

No. 72,329

257 Kan. 989 (1995)

FIRST NATIONAL BANK and TRUST, Appellee, v. MIAMI COUNTY COOPERATIVE ASSOCIATION, Appellant.

Supreme Court of Kansas.

Opinion filed June 9, 1995.


Attorney(s) appearing for the Case

Terry D. Bertholf, of Hutchinson, argued the cause and was on the briefs for appellant.

Craig S. Powell of McQueary & Powell, of Osawatomie, argued the cause and was on the brief for appellee.

Thomas J. Greco, John J. Gill, and Michael F. Crotty, of Washington, D.C., and Charles N. Henson of Wright, Henson, Somers Sebelius, Clark & Baker, of Topeka, were on the joint brief for amici curiae American Bankers Association and The Kansas Bankers Association.

David C. Barrett, Jr., of Washington, D.C., and J. Stan Sexton, of Salina, were on the brief for amicus curiae National Grain and Feed Association.


The opinion of the court was delivered by

LOCKETT, J.:

This is a controversy between two creditors of a bankrupt farming operation. The creditors, a bank and a cooperative association, each claimed rights to certain farm products and their proceeds. The district court found that lien notices given by the bank to the cooperative association sufficiently complied with 7 U.S.C. § 1631(e)(1)(1994) of the Food Security Act of 1985 (the Act), and granted the...

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