United States Eighth Circuit

In a bank's action asserting that defendants improperly retained sale proceeds in excess of their secured interests in certain property sold and failed to provide notice to the bank of the sale and an accounting of the proceeds, summary judgment for defendants is affirmed over claims that: 1) payment of defendant's debts was improper because defendant did not have a valid security interest in the assets at issue; and 2) the district court erred in determining that defendants were not obligated to give bank notice of the liquidation sale and in denying its request for an accounting.

Appellate Information

• Decided 08/01/2008
• Published 08/01/2008

Judges

• MURPHY, Circuit Judge., Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Steven Harris Silton, argued, Minneapolis for appellant.


• For Appellees:
  
• Jon R. Brakke, argued, Caren L. Stanley, on the brief, Fargo, ND, for appellees.