In November 2006, Texana Rice Mill and Texana Rice, Inc., sued Bayer CropScience in Texas state court
Question:
In November 2006, Texana Rice Mill and Texana Rice, Inc., sued Bayer CropScience in Texas state court for several claims related to the contamination of the US rice supply by Bayer’s genetically modified rice. Texana alleged the contaminated rice damaged its property, including its rice, plant, and equipment. Texana and Bayer reached a settlement for \($2,137,500,\) and Bayer made payment into the custody of the clerk of court. After two uncontested disbursements, the sum of \($933,697.90\) remained. Texana owed separate debts to Stearns Bank National Association and Amegy Bank National Association that were in excess of the remaining settlement proceeds. Stearns’s loan was made in September 2002 and was secured, in part, by Texana’s equipment and all proceeds from its sale, destruction, loss, or other disposition. Amegy’s loan was made in February 2006 and subsequently secured by its claim against Bayer. Stearns’s and Amegy’s security interests were perfected. Stearns and Amegy both claimed a right to the remaining settlement proceeds based upon their respective security interests. To whom should the settlement proceeds belong—Stearns or Amegy? What are the reasons for your answer?
Step by Step Answer:
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs