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PROSPECT CAPITAL CORP. v. MUTUAL OF OMAHA BANK

No. 15-20345.

819 F.3d 754 (2016)

PROSPECT CAPITAL CORPORATION, Plaintiff-Appellant v. MUTUAL OF OMAHA BANK; The Enmon Irrevocable Family Trust; Grace W. Enmon; Kickapoo Kennels, L.L.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 13, 2016.

Attorney(s) appearing for the Case

William Allen Gage, Jr. , Caroline Elizabeth Jacobs, Esq. , Buck Keenan, L.L.P., Houston, TX, Karl C. Huth (argued), New York, NY, for Plaintiff-Appellant.

Christopher Dove, Esq. (argued), Delilah Yvonne Banks , Locke Lord, L.L.P., Houston, TX, for Defendant-Appellee.

Grace W. Enmon, Groves, TX, pro se.

John Wesley Wauson , Wauson & Probus, Sugar Land, TX, for Defendants-Appellees.

Before DAVIS, SMITH, and HIGGINSON, Circuit Judges.

This appeal arises from a declaratory judgment action seeking a declaration as to which party — Prospect Capital Corporation, appellant here, or Mutual Bank of Omaha, appellee — had priority, under Texas law, in certain collateral. In 2008, in litigation unrelated to this case, Prospect obtained...

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