General Insurance Company of America v. Edward F. Lowry and Kusworm & Myers Co., L. P. A.

PHILLIPS, Chief Judge.

The issue in this diversity suit is whether the priority provision of the Ohio Uniform Commercial Code, Ohio Rev.Code Ann. § 1309.31 (UCC 9-312), precludes the imposition of an equitable lien under the unusual facts of the present case. In comprehensive findings of fact and conclusions of law, District Judge Carl B. Rubin allowed an equitable lien under the “narrowly-circumscribed” situation here presented. General Insurance Company of America v. Lowry, 412 F.Supp. 12 (S.D.Ohio 1976). Reference is made to the reported decision of the district court for a detailed…