Legal Opinion · Dissent

Rainier National Bank v. Bachmann

Washington Supreme Court

Decided July 15, 1988No. 53286-9Published

1DissentDore, J.

(dissenting) — The majority holds that Rainier National Bank's security interest in the "proceeds" of a dairy herd metamorphosed into a security interest in payments received by a dairy farmer from the federal Dairy Termination Program (DTP). The majority's holding is inconsistent with the plain language of RCW 62A.9-306(1), the purpose of the DTP, and results in an unjustified windfall for the Bank. I dissent.

Dairy Termination Program Payments

An understanding of the nature of the DTP is necessary to determine whether the DTP payments fall within the definition of proceeds. The purpose of the…

2Cases cited6 opinions

  1. Eurick v. Pemco Insurance Co.Washington Supreme Court · 1987
  2. In Re Dwayne Sunberg, Patricia Sunberg, Engaged in Farming, DebtorsCourt of Appeals for the Eighth Circuit · 1984
  3. In the Matter of William Guy Munger, Bankrupt. Ernest J. Pombo v. Jack A. Ulrich, TrusteeCourt of Appeals for the Ninth Circuit · 1974
  4. In the Matter of Leland G. Schmaling and Mary F. Schmaling, Debtors. Appeal of Esther J. Schmaling, Leland G. Schmaling and Mary F. SchmalingCourt of Appeals for the Seventh Circuit · 1986
  5. Weisbart & Co., a Colorado Corporation v. First National Bank of Dalhart, TexasCourt of Appeals for the First Circuit · 1978

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API