Legal Opinion

Phillip Kunkel v. Sprague Natl. Bank

Court of Appeals for the Eighth Circuit

Decided October 20, 1997No. 96-3254PublishedCited by 16 opinions

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

In this appeal two creditors, Hoxie Feeders, Inc. and Sprague National Bank, both claim first priority security interests in the same cattle. The district court affirmed the bankruptcy court’s summary judgment for Hoxie holding that Hoxie’s purchase money security interest had priority over Sprague’s earlier security interest in the cattle. Kunkel v. Sprague Nat’l Bank, 198 B.R. 734, 735 (D.Minn.1996). As an alternative holding for Hoxie, the district court held that Sprague did not have a security interest in the cattle because the debtor lacked “rights in the…

2Cases cited19 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Stowers v. MahonCourt of Appeals for the Fifth Circuit · 1976
  3. In Re Gotham Provision Company, Inc., Debtor/debtor in Possession, the First State Bank of Miami v. Gotham Provision Company, Inc.Court of Appeals for the First Circuit · 1982
  4. Iola State Bank v. BolanSupreme Court of Kansas · 1984
  5. M. Bruenger & Co. v. Dodge City Truck Stop, Inc.Supreme Court of Kansas · 1984

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

3Cited by16 opinions

  1. In Re Western Iowa Limestone, Inc.Court of Appeals for the Eighth Circuit · 2008
  2. Maryott v. Oconto Cattle Co.Nebraska Supreme Court · 2000
  3. Simmons Foods, Inc. v. Hill's Pet Nutrition, Inc.Court of Appeals for the Eighth Circuit · 2001
  4. Stearns Bank National Assoc. v. Amegy Bank National Assoc.Court of Appeals for the Eighth Circuit · 2016
  5. Kunkel v. Sprague National BankCourt of Appeals for the First Circuit · 1997

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

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