Legal Opinion

Martin Marietta Corp. v. New Jersey National Bank

Court of Appeals for the Third Circuit

Decided December 28, 1979No. 79-1447PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

SEITZ, Chief Judge.

This is a diversity case involving New Jersey law in which the plaintiff, Martin Marietta Corp., appeals from a final judgment for the defendant, New Jersey National Bank. After trial without a jury, the district court held that the defendant’s security interest in certain sand held as inventory takes precedence over the rights of the plaintiff because the plaintiff does not qualify as a buyer in ordinary course under the Uniform Commercial Code (UCC).1

I. Factual Background

Hollander Sand Associates (Hollander)2 is involved in the excavation and sale of…

2Cases cited8 opinions

  1. Independent News Co., Inc., National Comics Publications, Inc., Superman, Inc. v. Harry WilliamsCourt of Appeals for the Third Circuit · 1961
  2. Ray v. City Bank & Trust Co. of Natchez, MississippiDistrict Court, S.D. Ohio · 1973
  3. Sherrock v. Commercial Credit CorporationSupreme Court of Delaware · 1972
  4. Cunningham v. Camelot Motors, Inc.New Jersey Superior Court Appellate Division · 1975
  5. Morey MacHinery Co., Inc. v. Great Western Industrial MacHinery CompanyCourt of Appeals for the Fifth Circuit · 1975

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3Cited by7 opinions

  1. Apex Oil Company v. The Belcher Company of New York, Inc. And Belcher New Jersey, Inc.Court of Appeals for the Second Circuit · 1988
  2. General Electric Credit Corp. v. Gayl (In Re Darling's Homes, Inc.)United States Bankruptcy Court, D. Delaware · 1985
  3. Great Western Sugar Co. v. Pennant Products, Inc.Colorado Court of Appeals · 1987
  4. Martin Marietta Corp. v. New Jersey National BankDistrict Court, D. New Jersey · 1981
  5. Foy v. First National Bank of ElkhartDistrict Court, N.D. Indiana · 1988

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