Civil Procedure Keyed to Marcus
United States v. Kimbell Foods, Inc
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In 1968, O.K. Super Markets, Inc., borrowed $27,000.00 from Kimbell Foods, Inc., pursuant to two security agreements. Kimbell Foods, Inc., (Plaintiff) properly perfected its security interests by filing financing statements with the Texas Secretary of State. In 1969, O.K. Super Markets, Inc., obtained a $300,000.00 loan from the Republic National Bank of Dallas (Republic), and a financing statement evidencing this agreement was also filed with the Texas Secretary of State. The SBA guaranteed 90% of this loan under the Small Business Act. Subsequently, Plaintiff initiated suit to recover a balance due of $18,258.57. However, before Plaintiff filed suit, O.K. Super Markets defaulted on the SBA loan. Republic assigned its security interest to the SBA. The district court found for the government, but the court of appeals reversed, finding that the Kimball security agreement was dated before the federal lien arose.
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