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PEOPLES BANK v. BRYAN BROS. CATTLE CO.

No. 06-60582.

504 F.3d 549 (2007)

PEOPLES BANK, a Division of First Tennessee Bank, NA, Plaintiff-Appellant, v. BRYAN BROTHERS CATTLE COMPANY; B&S Cattle Company, Plaintiffs-Appellees, v. Cornerstone Bank, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 12, 2007.

Attorney(s) appearing for the Case

Clarence A. Wilbon (argued), Simon Cameron Bieber, Bass, Berry & Sims, Memphis, TN, for Plaintiff-Appellant.

James Cal Mayo, Jr. (argued), Mayo Mallette, Oxford, MS, for Plaintiffs-Appellees.

Before JONES, Chief Judge, and REAVLEY and SMITH, Circuit Judges.

REAVLEY, Circuit Judge:

This case is to determine ownership of cattle and whether two contesting banks held a security interest in them. The district court1 granted summary judgment for the buyer of the cattle on the ground that the apparent seller was the owner and passed title to the buyer free of a lien. We hold that a fact issue exists on the ownership of the apparent seller, and we reverse the judgment.

Bryan Brothers Cattle...

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