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OVERTON DISTRIBUTORS, INC. v. HERITAGE BANK

No. 02-5261.

340 F.3d 361 (2003)

OVERTON DISTRIBUTORS, INC., Plaintiff-Appellee, v. HERITAGE BANK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 15, 2003.

Petition for Rehearing Denied: September 22, 2003.

Attorney(s) appearing for the Case

ARGUED: Stephen P. McCarron, McCarron & Diess, Washington, D.C., for Plaintiff-Appellee.

Richard L. Colbert, Colbert & Winstead, Nashville, Tennessee, for Defendant-Appellant.

ON BRIEF: Stephen P. McCarron, McCarron & Diess, Washington, D.C., for Plaintiff-Appellee.

Richard L. Colbert, W. Gregory Miller, J. Frank Rudy, Jr., Colbert & Winstead, Nashville, Tennessee, for Defendant-Appellant.

Before: GILMAN and GIBBONS, Circuit Judges; JORDAN, Senior District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

RONALD LEE GILMAN, Circuit Judge.

Overton Distributors, Inc. supplied produce to Quality Foods of Tennessee, Inc. between 1993 and 2000. Quality went out of business in January of 2000, leaving an unpaid debt to Overton of over $220,000 for produce purchased between October of 1999 and January of 2000. Overton now seeks to recover this unpaid debt from Heritage Bank, Quality's lender, by invoking the statutory...

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