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FIRST NAT BANK IN MUNDAY v. LUBBOCK FEEDERS

No. 11-04-00190-CV.

183 S.W.3d 875 (2006)

FIRST NATIONAL BANK IN MUNDAY, Appellant, v. LUBBOCK FEEDERS, L.P., Appellee.

Court of Appeals of Texas, Eastland.

January 12, 2006.

Attorney(s) appearing for the Case

Kevin G. Herd, Raymond B. Albertson, Goodrich, Postnikoff & Albertson, Fort Worth, for appellant.

Steven C. Haley, Moorman, Tate, Moorman, Urquhart & Haley, L.L.P., Brenham, Richard S. Hubbert, Sims, Hubbert & Wilson, Lubbock, Burt L. Burnett, Burnett & Burke, LLP, William M. Ucherek, II, Ucherek Law Firm, P.C., Abilene, for appellee.

Panel consists of: WRIGHT, C.J., and McCALL, J., and STRANGE, J.

OPINION

TERRY McCALL, Justice.

In this appeal, First National Bank in Munday and Lubbock Feeders, L.P., claim competing security interests in the same cattle. The trial court granted summary judgment to Lubbock Feeders, holding that it had a purchase money security interest in the cattle and the proceeds from the sales of the cattle with priority over the Bank's security interest in the cattle. In three appellate issues, the Bank argues that the trial court...

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