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MORRIS COUNTY NAT. BANK v. JOHN DEERE INS. CO.

No. 00-40533.

254 F.3d 538 (2001)

MORRIS COUNTY NATIONAL BANK, Plaintiff-Appellee, v. JOHN DEERE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 14, 2001.

Attorney(s) appearing for the Case

Bradley E. Beckworth, Jeffrey John Angelovich, Nix Patterson & Roach, Daingerfield, TX, Michael D. Hudgins, Lara Hudgins Hollingsworth (argued), Hudgins, Hudgins & Warrick, Houston, TX, for Plaintiff-Appellee.

Reid W. Martin (argued), Sammons and Parker, Tyler, TX, for Defendant-Appellant.

Before REYNALDO G. GARZA, HIGGINBOTHAM and SMITH, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

John Deere Insurance Company ("John Deere") appeals the district court's grant of summary judgment in favor of Morris County National Bank ("Morris County"). For the reasons stated below, we REVERSE.

FACTUAL AND PROCEDURAL BACKGROUND

Morris County loaned J.T. Lockeby ("Lockeby") $50,000 for the purchase of a 1989 Hydroax Feller Buncher ("Buncher"). A Buncher is a piece of heavy equipment used in the timber...

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