John Deere Company v. American National Bank, Stafford

E. GRADY JOLLY, Circuit Judge:

In this case, the plaintiff, John Deere Company, appeals from the district court’s grant of summary judgment in favor of the defendant, American National Bank. Because the district court granted summary judgment on grounds not urged upon it by the defendant and for which the plaintiff did not have adequate notice, we reverse.

I

In 1983 and 1984, the John Deere Company (“John Deere”) sold on credit to Mack Adams of Winnie, Texas, farm equipment (“the collateral”) and retained a purchase-money security interest. John Deere filed timely U.C.C. Financing Statements…