KUNKEL v. SPRAGUE NAT. BANK

Civil No. 4-95-359. Bankruptcy No. 4-94-359.

198 B.R. 734 (1996)

Phillip KUNKEL, Trustee of the Bankruptcy Estate of John D. Morken, and Dorothy M. Morken, Plaintiff, v. SPRAGUE NATIONAL BANK, First National Bank of Hoxie, Kansas, Hoxie Feeders, Inc., Charles W. Ries, Trustee of the Bankruptcy Estate of Spring Grove Livestock Exchange, Inc., Firstar Bank Milwaukee, N.A. and Firstar Bank Sioux City, N.A., Defendants.

United States District Court, D. Minnesota, Fourth Division.

July 22, 1996.


Attorney(s) appearing for the Case

Thomas P. Melloy, Hall & Byers, St. Cloud, MN, for plaintiff.

Virginia A. Bell, Clark T. Whitmore, Maslon, Edelman, Borman & Brand, Minneapolis, MN, and Thomas L. Shriner, Jr., Foley & Lardner, Milwaukee, WI, for defendant Sprague National Bank.

Thomas E. Johnson, Altman & Izek, Minneapolis, MN, for First National Bank of Hoxie, Kansas.

Douglas B. Greenswag, Leonard, Street & Deinard, Minneapolis, MN, and Steven T. Waterman, Ray, Quinney & Nebeker, Salt Lake City, UT, for defendant Hoxie Feeders, Inc.

William S. Partridge, Farrish, Johnson & Maschka, Mankato, MN, for defendant Charles W. Ries.

James M. Caragher, Thomas L. Shriner, Jr., Foley & Lardner, Milwaukee, WI, for defendants Firstar Bank Milwaukee and Firstar Bank Sioux City.


ORDER

DOTY, District Judge.

INTRODUCTION

Presently before the court is the appeal of Sprague National Bank ("Sprague") from a judgment of the bankruptcy court1 holding that appellee Hoxie Feeders, Inc. ("Hoxie"), was entitled to assert its perfected security interest in certain cattle. The judgment of the bankruptcy court is affirmed.

In December 1992, Sprague filed a financing statement with the Kansas Secretary...

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