MARYOTT v. OCONTO CATTLE CO.

No. S-98-977.

607 N.W.2d 820 (2000)

259 Neb. 41

Ned MARYOTT, appellee, v. OCONTO CATTLE CO., a limited partnership, et al., appellees, and Farm Credit Services of the Midlands, PCA, intervenor-appellant.

Supreme Court of Nebraska.

March 24, 2000.


Attorney(s) appearing for the Case

Kirk S. Blecha and Mary Leiter Swick, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for intervenor-appellant Farm Credit Services of the Midlands, PCA.

David E. Copple and Sara E. Miller, of Copple & Rockey, P.C., Norfolk, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

This case presents the following question: Under the Nebraska Uniform Commercial Code, is the interest of an unpaid cash seller in goods, already delivered to a buyer, superior or subordinate to the interest of a holder of a perfected security interest in those same goods?

The appellee, Ned Maryott, delivered cattle to Oconto Cattle Company, a limited partnership (Oconto), and was given two sight drafts drawn from lines of credit extended by the...

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