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WHAYNE SUPPLY CO. v. COM. OF KY. REV. CAB.

No. 95-SC-490-DG.

925 S.W.2d 185 (1996)

WHAYNE SUPPLY COMPANY, INC., Appellant, v. COMMONWEALTH OF KENTUCKY REVENUE CABINET, Appellee.

Supreme Court of Kentucky.

June 20, 1996.

Attorney(s) appearing for the Case

Bruce F. Clark, Timothy C. Kimmel, T. Kennedy Helm III, Stites & Harbison, Frankfort, for Appellant.

Barbara Curtin Kenney, Donald S. Guier, Revenue Cabinet, Frankfort, for Appellee.

John T. McGarvey, Hal D. Friedman, M. Thurman Senn, Morgan & Pottinger, P.S.C., Louisville, Ronald C. Smith, Stephen J. Peters, William N. Ivers, Stewart & Irwin, Indianapolis, IN, Katherine Gail Russell, Rubin, Hays & Foley, Louisville, Stuart A. Handmaker, Michael C. Bratcher, Seiller & Handmaker, Louisville, William R. Mapother, Thomas L. Canary, Jr., Mapother & Mapother, Louisville, Thomas A. Klausing, Louisville, for Amicus.

GRAVES, Justice.

Whayne Supply Company, Inc. (hereinafter "Whayne") appeals from a decision entered by the Court of Appeals declaring that a prior filed state tax lien under KRS 134.420(2) has priority in proceeds of collateral over a purchase money security interest in the same collateral (hereinafter "PMSI") filed under KRS 355.9-101.

The facts of the case are not in dispute. On June 11, 1990, Panbowl Energy, Inc. (hereinafter "Panbowl") exercised an option...

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