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IN RE SUNBELT GRAIN WKS, LLC

No. 09-1222-EFM.

427 B.R. 896 (2010)

In re SUNBELT GRAIN WKS, LLC, Debtor Steven L. Speth, Trustee, Plaintiff, v. Whitham Farms Feedyard, L.P., Defendant-Appellant, and Security State Bank, Defendant-Appellee.

United States District Court, D. Kansas.

March 31, 2010.

Attorney(s) appearing for the Case

Bruce J. Woner, Woner, Glenn, Reeder & Girard, PA, Luke Sinclair, Gay, Riordan, Fincher, Munson & Sinclair, PA, Topeka, KS, for Defendant-Appellant.

Timothy J. King, Speth & King, Wichita, KS, for Plaintiff.

Thomas J. Lasater, Fleeson, Gooing, Coulson & Kitch, LLC, Wichita, KS, for Defendant-Appellee.

MEMORANDUM AND ORDER

ERIC F. MELGREN, District Judge.

This case involves a dispute between Appellee Security State Bank and Appellant Whitham Farms Feedyard L.P. over whose interest in the sale proceeds of the bankruptcy debtor's grain inventory is superior. The United States Bankruptcy Court for the District of Kansas found, on summary judgment, that Security State Bank's interest took priority. Whitham Farms Feedyard L.P. appealed. Exercising its jurisdiction...

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