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FIRST STATE BANK OF ATHENS v. PURINA

No. 12-99-00062-CV.

113 S.W.3d 1 (1999)

FIRST STATE BANK OF ATHENS, MABANK BRANCH, Appellant, v. PURINA AG CAPITOL CORPORATION, and Purina Mills, Inc. d/b/a Purina Cattle Management and Van Zandt Livestock, Inc., Appellees.

Court of Appeals of Texas, Tyler.

October 28, 1999.

Attorney(s) appearing for the Case

M. Keith Dollahite, Tyler, for appellant.

Steven C. Haley, Brenham, for Appellee Purina.

Mark J. Calabria, Kaufman, for Appellee Van Zandt Livestock.

Panel consisted of RAMEY, Jr., C.J., HADDEN, J., and WORTHEN, J.

HADDEN, Justice.

This case involves a dispute between two competing lien creditors over proceeds from the sale of 818 head of cattle. One of the competing creditors, Purina Ag Capital Corp. and Purina Mills, Inc. d/b/a Purina Cattle Management Services (collectively "Purina"), filed a motion for summary judgment on the entire dispute between it and the other creditor, First State Bank of Athens, Mabank Branch ("Bank"), which the trial court granted. In five issues...

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