United States v. Southeast Mississippi Livestock Farmers Ass'n

619 F.2d 435, 29 U.C.C. Rep. Serv. (West) 311
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 18, 1980
DocketNos. 78-3330, 79-2466
StatusPublished
Cited by12 cases

This text of 619 F.2d 435 (United States v. Southeast Mississippi Livestock Farmers Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Southeast Mississippi Livestock Farmers Ass'n, 619 F.2d 435, 29 U.C.C. Rep. Serv. (West) 311 (5th Cir. 1980).

Opinion

PER CURIAM:

These cases are before us on appeal by the United States of America acting through the Farmers Home Administration (FmHA). On the Government’s unopposed motion, these cases have been consolidated since they present a single issue: Are the descriptions of the collateral contained in the financing statements and security agreements legally sufficient to put the auction company, Southeast Mississippi Livestock Farmers Association (“Southeast Mississippi”), and the hogbuyer, the Merchants Company (“Merchants”), d/b/a Pine Burr Packing Company, on notice of the Government’s security interest in swine allegedly “converted” by Southeast Mississippi and Merchants? In directing a verdict for Southeast Mississippi and Merchants in No. 78-3330 and granting summary judgment in favor of the same parties in. No. 79-2466, the district court held • that the descriptions of the collateral in the security agreements and financing statements were not legally sufficient to perfect the Government’s security interest in the swine. We reverse and remand.

In the late 1960’s and early 1970’s Defendant James A. Rester (in No. 79-2466) and third-party defendant Kenneth R. Res-ter, Sr. (in No. 78-3330) financed their Mississippi hogfarming operations through a series of loans from the Farmers Home Administration. To secure the loans, security agreements and financing statements were executed by the parties, and the financing statements were filed in the debtors’ county of residence.

Subsequently, from 1971 to 1973 the Res-ters separately engaged in a series of sales of their swine. Some of the sales were made directly to Merchants. Other sales were made through the auction facilities of Southeast Mississippi, which acted as the farmers’ agent. In both cases, Southeast Mississippi and Merchants had no actual knowledge of the Government’s security interest in the swine. Of the hogs sold, apparently none were the hogs listed on the security agreements. Rather, they were “increases” or “products” of the brood sows. Each brood sow could produce between ten and twenty pigs each year, and pigs were marketed at about five and one-half months of age.

Upon default by the borrowers the FmHA instituted these proceedings alleging that all of the Resters’ swine sold by Southeast Mississippi or bought directly by Merchants were covered by the security agreements, the security interests were perfected by the filing of valid financing statements, and the sales were made without the knowledge or consent of the FmHA.

On appeal, the FmHA contends that the security agreements and financing statements adequately described the farmers’ swine which secured the Government’s loans; the Government’s security interests were perfected; and Southeast Mississippi and Merchants had constructive notice of the Government’s security interests in the swine.

Both Southeast Mississippi and Merchants contend the district court was correct in holding that the descriptions of the collateral were inadequate, as a matter of law, to perfect the Government’s security interest in the swine. Accordingly, they assert they were not on notice, in any form, of the security interest in the Resters’ hogs when the sales occurred. In the alternative, Southeast Mississippi and Merchants contend that even if the descriptions of the collateral in the security agreements and financing statements were adequate, the FmHA is estopped from maintaining its actions in conversion because the Government waived its security interest in the swine.

In vacating and remanding the judgment of this court in a case which considered the sufficiency of the description of collateral in an FmHA financing statement filed in Georgia, the Supreme Court held that, absent a Congressional directive to the contrary, the federal courts should determine the sufficiency of the FmHA’s lending program under nondiscriminatory state laws. United States v. Kimbell Foods, Inc., 440 U.S. 715, 99 S.Ct. 1448, 59 L.Ed.2d 711 (1979), vacating and remanding [437]*437United States v. Crittenden, 563 F.2d 678 (5th Cir. 1977). Therefore, to assess the legal sufficiency of the FmHA’s security agreements and financing statements in the cases presently before us, we are obliged to apply Mississippi law to these proceedings.

At the outset, we note that Mississippi courts have not addressed the question of the sufficiency of the description of collateral in either security agreements or financing statements. Therefore, “[i]n the absence of controlling precedent, we must nonetheless decide this issue as we believe a Mississippi court would decide it.” Green v. Amerada-Hess Corp., 612 F.2d 212, 214 (5th Cir. 1980).

Mississippi enacted the Uniform Commercial Code on March 31, 1966, to become effective March 31, 1968. For this appeal, the relevant UCC sections are § 9-110 (sufficiency of description),1 § 9-203 (formal requisites of security agreements),2 and § 9-402 (formal requisites of financing statements).3 The sufficiency of the descriptions of the collateral in the FmHA security agreements and financing state[438]*438ments must be tested against the standards prescribed by these three provisions.

The security agreement in No. 79-2466 provided, in pertinent part:4

DEBTOR HEREBY GRANTS to Secured Party a security interest in his interest in the following collateral, including the proceeds and products thereof:
Item 3. All livestock (except livestock and poultry kept primarily for subsistence purposes), fish, bees, birds, furbear-ing animals, other animals produced or used for commercial purposes, other farm products, and supplies, now owned or hereafter acquired by Debtor, together with all increases, replacements, substitutions, and additions thereto, including but not limited to the following:
Line No. Quantity Kind-sex Breed Color Weight or average weight Age or age range Brands or other identification
1 CALF GRADE BLACK 125# 3 Mos.
82 SOW'S RED AND WHITE DUROC-YORKSHIRE RED AND 250-550# 1-4
4 BOARS YORKSHIRE WHITE 375# 1-4
152 PIGS DUROC-YORKSHIRE WHITE, RED, AND RED AND WHITE 25# to 200# 3 Weeks to 5 Months
244 PIGS DUROC-YORKSHIRE WHITE, RED, AND RED AND WHITE 100-to 200# 2 Mos. to 5 Mos.

In outlining the formal requisites for the enforceability of Mississippi security interests, the Mississippi UCC states in § 9-203(1) that:

[A] security interest is not enforceable against the debtor or third parties unless . (b) the debtor has signed a security agreement which contains a description of the collateral and in addition, when the security interest covers crops or oil, gas or minerals to be extracted, or timber to be cut, a description of the land concerned. In describing collateral, the word ‘proceeds’ is sufficient without further description to cover proceeds of any character.

Miss.Code Ann.

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619 F.2d 435, 29 U.C.C. Rep. Serv. (West) 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-southeast-mississippi-livestock-farmers-assn-ca5-1980.