Legal Opinion

First Nat. Bank of Smith Center, Kan. v. Nugent

District Court, D. Kansas

Decided April 21, 1987No. 85-6119-CPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

CROW, District Judge.

This case is on appeal from the bankruptcy court order of November 27,1985, which sustained the Trustee’s objection to the secured claim of The First National Bank of Smith Center, Kansas (Bank).

Debtor operated in Esbon, Kansas, a facility buying, selling and storing grain and other supplies. Debtor’s business practice was to issue warehouse receipts and scale tickets to those grain producers delivering their grain. Many of the warehouse receipts were designated “open storage.” This designation permitted the debtor to commingle the grain of a…

2Cases cited10 opinions

  1. Turman v. MoralesSupreme Court of the United States · 1982
  2. In Re Branding Iron Motel, Inc.Court of Appeals for the Tenth Circuit · 1986
  3. In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Respondents, and United States of America, Intervenor. In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Appellees, and United States of America, IntervenorCourt of Appeals for the Eighth Circuit · 1981
  4. Central States Corp. v. Luther. In Re Garden Grain & Seed Co., IncCourt of Appeals for the Tenth Circuit · 1954
  5. In the Matter of Joseph Arthur Clemens, Bankrupt. Christina E. Clemens v. Joseph Arthur ClemensCourt of Appeals for the Sixth Circuit · 1972

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3Cited by6 opinions

  1. Farmers Rice Milling Co. v. Hawkins (In Re Bearhouse, Inc.)United States Bankruptcy Court, W.D. Arkansas · 1988
  2. In Re Bucyrus Grain Co., Inc.United States Bankruptcy Court, D. Kansas · 1987
  3. In Re ChildressUnited States Bankruptcy Court, W.D. Missouri · 1995
  4. In Re Hawkins Co., Ltd.United States Bankruptcy Court, D. Idaho · 1989
  5. In Re Woods Farmers Cooperative Elevator Co.United States Bankruptcy Court, D. North Dakota · 1989

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