FIFTH THIRD BANK, IN. v. EDGAR COUNTY BANK & TRUST

No. 06-3238.

482 F.3d 904 (2007)

FIFTH THIRD BANK, INDIANA, Plaintiff, v. EDGAR COUNTY BANK & TRUST, et al., Defendants-Appellees. Appeal of Garzolini Tire & Fuel, Inc., Debtor in Possession.

United States Court of Appeals, Seventh Circuit.

Decided March 15, 2007.


Attorney(s) appearing for the Case

Mark R. Galliher (argued), Doyle & Friedmeyer, Indianapolis, IN, for Defendants-Appellees.

Kelvin L. Roots (argued), Wilkinson, Goeller, Modesitt, Wilkinson & Drummy, Terre Haute, IN, for Debtor.

Before EASTERBROOK, Chief Judge, and FLAUM and SYKES, Circuit Judges.


EASTERBROOK, Chief Judge.

Garzolini Tire & Fuel borrowed money from Edgar County Bank & Trust on the security of a mortgage in what the parties call the Clinton Property. During Garzolini Tire's bankruptcy, Fifth Third Bank filed an adversary proceeding in which it argued that it held an interest superior to Edgar County Bank's. Eventually Fifth Third Bank conceded—but Garzolini Tire made its own claim to the proceeds of the Clinton Property, which...

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