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Civil Procedure Keyed to Marcus
United States v. Kimbell Foods, Inc
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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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