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GENERAL MOTORS ACCEPTANCE v. UNION BANK & TRUST

Nos. 01-2147, 02-1045, 02-1491.

329 F.3d 594 (2003)

GENERAL MOTORS ACCEPTANCE CORPORATION, Appellant/Cross-Appellee, v. UNION BANK & TRUST COMPANY, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 19, 2003.

Rehearing and Rehearing Denied: June 24, 2003.

Attorney(s) appearing for the Case

William H. Edwards, Jr., argued, Little Rock, AR (D. Keith Fortner and Wendy S. Wood, on the brief), for appellant.

H. William Allen, argued, Little Rock, AR (Walter W. Barton, Monticello, AR, on the brief), for appellee.

Before RILEY, BEAM, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied: June 24, 2003*.

RILEY, Circuit Judge.

General Motors Acceptance Corporation (GMAC) filed a lawsuit against Union Bank & Trust Company (Union) alleging Union converted proceeds from the sale of GMAC's collateral for its own use and benefit, and breached a Waiver of Rights of Offset Agreement (Waiver Agreement). GMAC sought compensatory and punitive damages. Following a bench trial, the...

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