United States Eighth Circuit
JCB, Inc. v. Union Planters Bank, N.A., 07-2968
In an action against defendant-bank seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor-defendant and was subject to their competing security interests, partial summary judgment and awards for plaintiff are affirmed in all respects except for a punitive damage award for trespass which must be remitted to $108,750 on due process grounds.
Appellate Information
- Decided 08/26/2008
- Published 08/26/2008
Judges
- MURPHY, Circuit Judge., Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Jeffrey Heuer, argued, St. Louis, MO, Michael A. Clithero and Geoffrey G. Geber, on the brief, for appellant.
- For Appellees:
- Brian Christopher Walsh, argued, St. Louis, MO, Thomas C. Walsh, Kevin M. Abel, and Cullen K. Kuhn, on the brief, for appellee.