Bank of the West v. Commercial Credit Financial Services, Inc.

852 F.2d 1162 (1988)

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Bank of the West v. Commercial Credit Financial Services, Inc.

United States Court of Appeals for the Ninth Circuit
852 F.2d 1162 (1988)

JL

Facts

Bank of the West (plaintiff) made a loan to Allied in 1982 that was secured by all of Allied’s existing and after-acquired inventory and accounts. Bank of the West perfected its security interest by promptly filing a financing statement. Separately, Commercial Credit Financial Services, Inc. (CCFS) (defendant) made loans to BCI in 1984, secured by all of BCI’s existing and after-acquired inventory and accounts, which included a beverage business. Later that same year, Allied purchased the beverage business from BCI. Bank of the West claimed that it had a superior security interest in the inventory and accounts of the beverage business, through its security agreement with Allied, as after-acquired collateral. CCFS claimed that it had a superior interest in the same inventory and accounts based on its security agreement with BCI.

Rule of Law

Issue

Holding and Reasoning (Thompson, J.)

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