United States v. Gallatin Livestock Auction, Inc.

589 F.2d 353

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 12, 1979
• Docket: 78-1417
• Status: Published

Opinion

PER CURIAM.

Gallatin Livestock Auction, Inc., appeals from an order of the United States District Court for the Western District of Missouri. The District Court found that Gallatin was liable in conversion to the United States because it had sold livestock encumbered by a perfected security interest that was possessed by the Farmers Home Administration (FHA). It entered judgment in the amount of $5,039.35 against Gallatin. Gal-latin raises essentially two issues on appeal: (1) that the District Court erred in finding Gallatin liable for conversion under Missouri law; and (2) that the failure of the FHA to have the original debt declared nondis-chargéable when the debtors declared bankruptcy amounted to a release of Gallatin from liability.

We have carefully reviewed the briefs and the record. We affirm on the basis of the District Court’s opinion, United States v. Gallatin Livestock Auction, Inc., 448 F.Supp. 616 (W.D.Mo.1978).