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CATERPILLAR FINANCIAL SERVICES CORP. v. BURROUGHS DIESEL, INC.

Nos. 2011-CA-01469-COA, 2011-CA-01851-COA.

125 So.3d 659 (2013)

CATERPILLAR FINANCIAL SERVICES CORPORATION, Appellant v. BURROUGHS DIESEL, INC., Appellee. Caterpillar Financial Services Corporation, Appellant v. Burroughs Diesel, Inc., Appellee.

Court of Appeals of Mississippi.

Rehearing Denied August 27, 2013.

Certiorari Denied November 14, 2013.

Attorney(s) appearing for the Case

Robert B. Ireland III , Jackson, attorney for appellant.

Ken R. Adcock , Carthage, attorney for appellee.

Before GRIFFIS, P.J., ISHEE and ROBERTS, JJ.

GRIFFIS, P.J., for the Court:

¶1. This litigation consists of two cases between the same two creditors for possession and the right to sell a Caterpillar excavator. Both parties claim the right to possess and sell the excavator to apply the proceeds to satisfy a debt that is owed.

¶2. Cat Financial Services Corporation ("Cat Financial") brought a replevin action, in county court, for an order awarding it immediate possession of the excavator. The...

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