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  • Moffat County State Bank v. Producers Livestock Marketing Association, 833 F.2d 908, 10th Cir. (1987)

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    This document is a court case summary from the United States Court of Appeals for the Tenth Circuit regarding a dispute between a bank and a livestock marketing association over a secured interest in livestock. The court affirmed the district court's ruling in favor of the livestock marketing association. The court noted that while states had different laws regarding retaining a secured interest after livestock is sold, new federal legislation would control such issues going forward as of December 23, 1986. The appellate court agreed that the district court correctly applied the facts and prior case law precedents under Colorado law at the time.

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    Filed: 1987-12-01 Precedential Status: Precedential Citations: 833 F.2d 908 Docket: 85-1065

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    This document is a court case summary from the United States Court of Appeals for the Tenth Circuit regarding a dispute between a bank and a livestock marketing association over a secured interest in livestock. The court affirmed the district court's ruling in favor of the livestock marketing association. The court noted that while states had different laws regarding retaining a secured interest after livestock is sold, new federal legislation would control such issues going forward as of December 23, 1986. The appellate court agreed that the district court correctly applied the facts and prior case law precedents under Colorado law at the time.

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    2 views2 pages

    Moffat County State Bank v. Producers Livestock Marketing Association, 833 F.2d 908, 10th Cir. (1987)

    Uploaded by

    Scribd Government Docs
    This document is a court case summary from the United States Court of Appeals for the Tenth Circuit regarding a dispute between a bank and a livestock marketing association over a secured interest in livestock. The court affirmed the district court's ruling in favor of the livestock marketing association. The court noted that while states had different laws regarding retaining a secured interest after livestock is sold, new federal legislation would control such issues going forward as of December 23, 1986. The appellate court agreed that the district court correctly applied the facts and prior case law precedents under Colorado law at the time.

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    of 2

    833 F.

    2d 908
    4 UCC Rep.Serv.2d 1608

    MOFFAT COUNTY STATE BANK, Plaintiffs-Appellants,


    v.
    PRODUCERS LIVESTOCK MARKETING ASSOCIATION,
    Defendant-Appellee.
    No. 85-1065.

    United States Court of Appeals,


    Tenth Circuit.
    Dec. 1, 1987.

    Appeal from the United States District Court for the District of Colorado;
    Jim R. Carrigan District Judge.
    Frederick J. Baumann, Denver, Colo. (Rothgerber, Appel, Powers &
    Johnson, Denver, Colo., were also on brief), for plaintiffs-appellants.
    David A. Packard, Boulder, Colo. (Hutchinson, Black, Hill & Cook,
    Boulder, Colo., were also on brief), for defendant-appellee.
    Before HOLLOWAY, Chief Judge, McKAY and LOGAN, Circuit
    Judges.
    PER CURIAM.

    This court has reviewed and considered the briefs and the oral argument in this
    case. Although states have dealt in different ways with the issue of what a party
    with a secured interest in livestock must do to retain that secured interest after
    the sale of the livestock, the federal government has now enacted legislation
    that will control the issues beginning December 23, 1986. See 7 U.S.C.A. Sec.
    1631. Considering the present law in Colorado for the cases still percolating
    through the system, the court concludes that the trial court's order filed
    December 17, 1984, correctly weighs the facts and the law and adequately
    deals with the prior precedents, 598 F.Supp. 1562, and the judgment is
    accordingly

    AFFIRMED.

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