The First National Bank of Amarillo v. Southwestern Livestock, Inc.

LOGAN, Circuit Judge.

In this diversity action, plaintiff First National Bank of Amarillo, Texas (the Bank) sued defendant Southwestern Livestock, Inc. (Southwestern), a Kansas livestock auction house, for conversion of certain cattle in which the Bank had an interest as an unperfected secured creditor. The district court entered judgment for the Bank based on the parties’ stipulation of facts and the court’s earlier order denying Southwestern’s motion for summary judgment. See First Nat’l Bank v. Southwestern Livestock, Inc., 616 F.Supp. 1515 (D.Kan.1985). In the stipulation Southwestern…