Percival Construction Co. v. Miller & Miller Auctioneers, Inc.

SETH, Circuit Judge.

This action concerns the right to proceeds from an auction sale of contractor’s equipment. A claimant brought suit for the proceeds against the auction company which in turn brought in other claimants including a lien claimant, the Uhited States'.

The issues center on the application of the Oklahoma Uniform Commercial Code to the transaction whereby P & A Construction Company initially acquired possession and use of the equipment auctioned from Percival Construction Co. The trial court granted summary judgment and directed a verdict.

P & A Construction Company entered into…