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In re Dorsey Trailer Company, Inc.

United States District Court, M.D. Alabama, Northern Division
Mar 8, 2010
CIVIL ACTION NO. 2:09cv469-MHT (WO) (M.D. Ala. Mar. 8, 2010)

Opinion

CIVIL ACTION NO. 2:09cv469-MHT (WO).

March 8, 2010


OPINION


Appellant Wachovia Bank, N.A., appeals from a decision of the United States Bankruptcy Court for the Middle District of Alabama in an adversary proceeding involving competing claims of priority between Wachovia Bank and appellee Double A. Trailer Sales, Inc. in 15 semi-trailers which had been manufactured by debtor Dorsey Trailer Company, Inc. The bankruptcy court held that "Double A qualifies as a `buyer in the ordinary course of business' of the trailers in question"; that "Double A purchased the trailers free and clear of the blanket security interest that Dorsey granted to Wachovia"; and that "the detinue bond posted by Double A is to be discharged." Bankruptcy court opinion (doc. no. 2-24) at 10. Having reviewed the entire record, this district court is not convinced that the bankruptcy court's findings of fact are clearly erroneous, nor does this court see where the bankruptcy court committed any legal error.

Accordingly, the decision of the bankruptcy court should be affirmed on the basis of its well-reasoned opinion.

An appropriate judgment will be entered.


Summaries of

In re Dorsey Trailer Company, Inc.

United States District Court, M.D. Alabama, Northern Division
Mar 8, 2010
CIVIL ACTION NO. 2:09cv469-MHT (WO) (M.D. Ala. Mar. 8, 2010)
Case details for

In re Dorsey Trailer Company, Inc.

Case Details

Full title:In re: DORSEY TRAILER COMPANY, INC., Debtor. WACHOVIA BANK, N.A.…

Court:United States District Court, M.D. Alabama, Northern Division

Date published: Mar 8, 2010

Citations

CIVIL ACTION NO. 2:09cv469-MHT (WO) (M.D. Ala. Mar. 8, 2010)