Dixie Bonded Warehouse & Grain Co. v. Allstate Financial Corp.

ORDER

OWENS, Chief Judge.

Upon defendant Allstate’s motion for reconsideration, 1 this court has examined anew the seminal case of Matter of Samuels & Co., Inc., 526 F.2d 1238 (5th Cir.1976). The court has also considered two cases relied upon by defendant that were not previously cited to the court: Teton International v. First National Bank of Mission, 718 S.W.2d 838, 3 U.C.C.Rep. Serv.2d 569 (Tex.App.1986); Nasco Equipment Company v. Mason, 291 N.C. 145, 229 S.E.2d 278, 20 U.C.C.Rep.Serv. 761 (N.C.1976).

In Teton International, citing Tex.Bus. & Comm. Code Ann. § 2.401(a) (Vernon 1968), the…