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KUNKEL v. SPRAGUE NAT. BANK

No. 96-3254.

128 F.3d 636 (1997)

Phillip KUNKEL, Trustee of the Bankruptcy Estate of John D. Morken and Dorothy M. Morken, Plaintiff-Appellee, v. SPRAGUE NATIONAL BANK, Defendant-Appellant, First National Bank of Hoxie, Kansas, Defendant-Appellee, Hoxie Feeders, Inc., Defendant-Appellee, Charles W. Ries, Trustee of the Bankruptcy Estate of Spring Grove Livestock Exchange, Inc., Defendant, Firstar Bank Milwaukee, N.A., Defendant, and Firstar Bank Sioux City, N.A., Defendant.

United States Court of Appeals, Eighth Circuit.

Decided October 20, 1997.

Attorney(s) appearing for the Case

David G. Herr, argued, Clark T. Whitmore, Minneapolis, MN, and Michael C. McCarthy, for appellant.

Steven T. Waterman, Salt Lake City, UT, argued (John W. Mackay, Douglas B. Greenswag, Thomas P. Melloy, Phillip L. Kunkel and Thomas E. Johnson, on the brief), for appellee.

Before MURPHY, JOHN R. GIBSON, and MAGILL, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

In this appeal two creditors, Hoxie Feeders, Inc. and Sprague National Bank, both claim first priority security interests in the same cattle. The district court affirmed the bankruptcy court's summary judgment for Hoxie holding that Hoxie's purchase money security interest had priority over Sprague's earlier security interest in the cattle. Kunkel v. Sprague Nat'l Bank,

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