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JCB, INC. v. UNION PLANTERS BANK, NA

No. 07-2968.

539 F.3d 862 (2008)

JCB, INC., Plaintiff-Appellee, v. UNION PLANTERS BANK, NA, Defendant-Appellant, Machinery, Inc., Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: August 26, 2008.

Attorney(s) appearing for the Case

Jeffrey Heuer, argued, St. Louis, MO, Michael A. Clithero and Geoffrey G. Geber, on the brief, for appellant.

Brian Christopher Walsh, argued, St. Louis, MO, Thomas C. Walsh, Kevin M. Abel, and Cullen K. Kuhn, on the brief, for appellee.

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

MURPHY, Circuit Judge.

JCB, Inc. brought this action against Union Planters Bank, N.A. (Bank) seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor, Machinery, Inc. and was subject to their competing security interests. The district court referred some of the issues in dispute to the bankruptcy court which determined that JCB had the senior security interest in the...

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