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SONY CORP. v. BANK ONE, W. VA., HUNTINGTON NA

Nos. 94-2230, 94-2334.

85 F.3d 131 (1996)

SONY CORPORATION OF AMERICA, now known as Sony Electronics, Inc., Plaintiff-Appellee, v. BANK ONE, WEST VIRGINIA, HUNTINGTON NA, formerly known as First Huntington National Bank, N.A., Defendant-Appellant, v. THE STEREO FACTORY, INCORPORATED, Defendant-Appellee. SONY CORPORATION OF AMERICA, now known as Sony Electronics, Inc., Plaintiff-Appellant, v. THE STEREO FACTORY, INCORPORATED; Bank One, West Virginia, Huntington NA, formerly known as First Huntington National Bank, N.A., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 30, 1996.

Order Denying Rehearing and Rehearing July 16, 1996.

Attorney(s) appearing for the Case

ARGUED: Daniel Joseph Konrad, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, West Virginia, for Appellant. Bonnie Irvin O'Neil, Thompson, Hine & Flory, Columbus, Ohio, for Appellees. ON BRIEF: Thomas R. Allen, Thompson, Hine & Flory, Columbus, Ohio; Richard M. Francis, Bowles, Rice, McDavid, Graff & Love, Charleston, West Virginia, for Appellee Sony Corp.

Before DONALD S. RUSSELL, WIDENER, and HALL, Circuit Judges.

Order Denying Rehearing and Rehearing En Banc July 16, 1996.

Affirmed as modified by published opinion. Judge DONALD S. RUSSELL wrote the majority opinion, in which Judge K.K. HALL joined. Judge WIDENER wrote a dissenting opinion.

OPINION

DONALD S. RUSSELL, Circuit Judge:

This case involves a dispute between two secured creditors with competing claims to the proceeds from the sale of inventory. The main issue before this court is whether...

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