Simmons Foods, Inc. v. Capital City Bank, Inc.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is a diversity action that arises out of a bankruptcy proceeding. Simmons Foods, Inc., a junior creditor of Teets Food Distribution Company, Inc. (Teets), seeks damages from Capital City Bank, Inc. (Bank), a senior creditor of Teets. Simmons Foods asserts claims of breach of the marshaling doctrine, breach of fiduciary duty, negligence, breach of constructive trust, unjust enrichment, and conversion of property. This matter is presently before the court upon the Bank’s motion for summary judgment.

I

A court grants a motion for summary judgment…