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FISHBACK NURSERY, INC. v. PNC BANK NAT. ASSOCIATION

No. 18-10090.

920 F.3d 932 (2019)

FISHBACK NURSERY, INCORPORATED; Surface Nursery, Incorporated, Plaintiffs-Appellants v. PNC BANK, NATIONAL ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED April 10, 2019.

Attorney(s) appearing for the Case

Bruce W. Akerly , Akerly Law, P.L.L.C., Coppell, TX, Cooper Morgan Walker , Malone & Martin, P.L.L.C., Dallas, TX, for Plaintiffs-Appellants.

Robert W. Jones, Esq. , Brian John Smith , Senior Counsel, Holland & Knight, L.L.P., Dallas, TX, for Defendant-Appellee.

Before SMITH, DUNCAN, and ENGELHARDT, Circuit Judges.

We confront a lien contest among three creditors of a bankrupt commercial farm. Two of the creditors—Fishback and Surface —are nurseries that sold the farm over a million dollars' worth of trees and shrubs in Michigan, Tennessee, and Oregon, and so claim agricultural liens in the farm's assets. The...

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