Legal Opinion

Southtrust Bank of Alabama, National Association, Formerly Named Birmingham Trust National Bank v. Borg-Warner Acceptance Corp., a Corporation

Court of Appeals for the Eleventh Circuit

Decided May 21, 1985No. 84-7396PublishedCited by 41 opinions

1Opinion of the Court

TUTTLE, Senior Circuit Judge:

Borg-Warner Acceptance Corporation (“BWAC”) appeals from a decision of the district court denying its motion for summary judgment and granting summary judgment to Southtrust Bank (“the Bank”) in a diversity suit. The Bank filed a declaratory judgment action to ascertain which of the parties has priority in the inventory of four debtors, Molay Brothers Supply Company, Inc., Gulf City Distributors, Inc., Standard Wholesale Supply Company and Crest Refrigeration, Inc. 1 These debtors, which are no longer in existence, defaulted on obligations they owed to one or the…

2Cases cited5 opinions

  1. Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
  2. Coomer v. Barclays American Financial, Inc. (In Re Coomer)United States Bankruptcy Court, E.D. Tennessee · 1980
  3. In Re StaleyDistrict Court, M.D. Georgia · 1977
  4. In Re NorrellDistrict Court, M.D. Georgia · 1977
  5. Meadows v. Household Retail Services, Inc. (In Re Griffin)United States Bankruptcy Court, N.D. Georgia · 1981

3Cited by41 opinions

  1. In Re PetrocciUnited States Bankruptcy Court, N.D. New York · 2007
  2. In Re AcayaUnited States Bankruptcy Court, N.D. California · 2007
  3. Warehouse Home Furnishing Distributors, Inc. v. WhitsonSupreme Court of Alabama · 1997
  4. In Re BlakesleeUnited States Bankruptcy Court, M.D. Florida · 2007
  5. In Re GraupnerUnited States Bankruptcy Court, M.D. Georgia · 2006

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