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FORDYCE BANK & TRUST v. BEAN TIMBERLAND

No. 06-734.

251 S.W.3d 267 (2007)

FORDYCE BANK & TRUST CO., Appellant, v. BEAN TIMBERLAND, INC., Potlatch Corporation, And Idaho Timber Corp. Of Carthage, Inc., Appellees.

Supreme Court of Arkansas.

March 1, 2007.

Attorney(s) appearing for the Case

Ronnie A. Phillips, LTD, by: Ronnie A. Phillips, Fordyce, AR, for appellant.

Walthall Law Firm, P.A., by: G. Christopher Walthall, Malvern, AR, for appellee Idaho Timber Corp. of Carthage, Inc.

Haley, Claycomb, Roper & Anderson, by: Richard L. Roper; Williams & Anderson, PLC, by: Beth M. Deere and Clayborne S. Stone, Little Rock, AR, for appellee Potlatch Corporation.

Bridges, Young, Matthews & Drake, PLC, by: Michael J. Dennis, Pine Bluff, AR, for amici curiae Arkansas Forestry Ass'n, Arkansas Timber Producers Ass'n, and Arkansas Forest and Paper Council.

Whetstone & Spears, by: Joe Woodson and Don Spears, Little Rock, AR, for amici curiae Arkansas Bankers Ass'n.

TOM GLAZE, Justice.

This appeal requires our court to determine whether appellees Potlatch Corp. ("Potlatch") and Idaho Timber Corp. ("Idaho") are buyers in the ordinary course of business under the Uniform Commercial Code (UCC). See Ark.Code Ann. § 4-9-320 (Repl.2001).

The appellant in this case, Fordyce Bank & Trust Co. ("Fordyce" or "the Bank"), issued several loans to appellee Bean Timberland ("Bean") so that Bean could purchase timber...

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