Fishback Nursery, Inc. v. PNC Bank, N. A., 920 F.3d 932 (5th Cir. 2019) –
In this priority dispute two nurseries sold trees and shrubs to a commercial wholesale farm that went bankrupt. They claimed their agricultural liens in the debtor’s assets were senior to a third-party bank’s security interests. The district court found in favor of the bank, and the nurseries appealed to the Fifth Circuit.
The debtor’s headquarters were located in Texas, and it filed bankruptcy in Texas. The nurseries sold over $1 million worth of trees and shrubs to debtor locations in Michigan, Oregon and Tennessee. The
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