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BLUEBONNET WAREHOUSE CO-OP. v. BANKERS TRUST CO.

No. 94-5582.

89 F.3d 292 (1996)

BLUEBONNET WAREHOUSE COOPERATIVE; Federal Compress & Warehouse Company, Inc., Plaintiffs, Blytheville Compress Company, Inc., et al., Plaintiffs-Appellants, v. BANKERS TRUST COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 17, 1996.

Rehearing and Suggestion for Rehearing Denied August 29, 1996.

Attorney(s) appearing for the Case

Charles J. Swayze, Jr. (briefed), James Y. Dale (argued), Whittington, Brock, Swayze & Dale, Greenwood, MS, for Plaintiffs-Appellants.

William J. Landers (argued and briefed), Lee L. Piovarcy, Scott T. Beall, Martin, Tate, Morrow & Marston, Memphis, TN, for Defendant-Appellee.

Before: MERRITT, Chief Judge; MARTIN, Circuit Judge; SIMPSON, Chief District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 29, 1996.*

MARTIN, J., delivered the opinion of the court, in which SIMPSON, D. J., joined.

MERRITT, C.J. (pp. 11-23), delivered a separate dissenting opinion.

BOYCE F. MARTIN, Jr., Circuit Judge.

Blytheville Compress Co., Inc., and several other cotton warehouses appeal from a grant of summary judgment to Bankers Trust Company in their suit seeking payment...

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