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FIRST NAT. BANK v. SOUTHWESTERN LIVESTOCK, INC.

No. 86-1906.

859 F.2d 847 (1988)

The FIRST NATIONAL BANK OF AMARILLO, Plaintiff-Appellee, v. SOUTHWESTERN LIVESTOCK, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 14, 1988.

Attorney(s) appearing for the Case

James T. Malysiak of Freeman, Freeman & Salzman, Chicago, Ill. (Jim H. Goering of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kansas, and E. Lawrence Oldfield, Chicago, Ill., with him, on the briefs), for defendant-appellant.

Don D. Sunderland (John Huffaker of Gibson, Ochsner & Adkins, Amarillo, Tex., and Donald W. Bostwick of Adams, Jones, Robinson & Malone, Wichita, Kan., with him, on the brief), for plaintiff-appellee.

Before LOGAN, McWILLIAMS, and TIMBERS, Circuit Judges.

LOGAN, Circuit Judge.

In this diversity action, plaintiff First National Bank of Amarillo, Texas (the Bank) sued defendant Southwestern Livestock, Inc. (Southwestern), a Kansas livestock auction house, for conversion of certain cattle in which the Bank had an interest as an unperfected secured creditor. The district court entered judgment for the Bank based on the parties' stipulation of facts and the court's earlier order denying Southwestern's motion for summary...

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