kimbell
foods
argued
january
decided
april
together
crittenden
dba
crittenden
tractor
also
certiorari
cases
present
question
whether
contractual
liens
arising
certain
federal
loan
programs
take
precedence
private
liens
absent
federal
statute
sets
priorities
resolution
question
requires
determination
whether
federal
state
law
governs
conflicting
claims
federal
law
applies
whether
uniform
priority
rule
fashioned
state
commercial
law
incorporated
federal
rule
decision
contractual
lien
secures
loan
guaranteed
small
business
administration
sba
small
business
act
generally
specify
priority
rules
govern
sba
security
interests
private
lien
respondent
kimbell
foods
kimbell
arose
security
agreements
executed
federal
guarantee
secured
advances
kimbell
made
federal
guarantee
federal
private
security
interests
covered
collateral
perfected
pursuant
texas
uniform
commercial
code
district
found
government
lien
superior
kimbell
ruling
applied
choateness
doctrines
rules
originally
developed
afford
federal
statutory
tax
liens
special
priority
state
private
liens
governing
statute
specify
priorities
appeals
reversed
district
judgment
agreeing
federal
law
governed
controversy
first
time
first
right
priority
principle
controlled
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claims
refused
extend
choateness
rule
situations
government
voluntary
lender
instead
appeals
fashioned
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rule
whereby
first
lien
meet
uniform
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code
perfection
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priority
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rule
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lien
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although
appeals
adopt
texas
law
determine
texas
law
also
afford
priority
kimbell
security
interests
borrower
obtained
several
loans
farmers
home
administration
fha
consolidated
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home
administration
act
redesignated
consolidated
farm
rural
development
act
establish
rules
priority
secure
loans
fha
obtained
security
interest
borrower
crops
farm
equipment
perfected
interest
filing
standard
financing
statement
georgia
officials
subsequently
respondent
repaired
borrower
tractor
numerous
occasions
borrower
failed
pay
repair
bills
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retained
tractor
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lien
therein
georgia
law
borrower
filed
bankruptcy
discharged
debts
instituted
action
obtain
possession
tractor
district
granted
summary
judgment
respondent
holding
fha
properly
perfected
security
interest
financing
statement
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described
collateral
even
description
sufficient
federal
state
law
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priority
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lien
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part
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part
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fashioned
federal
rule
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model
uniform
commercial
code
determine
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statement
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description
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fha
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interest
priority
question
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state
law
well
choateness
doctrines
place
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special
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commercial
law
rule
giving
priority
repairman
liens
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property
time
lien
arises
concluded
rule
respondent
lien
final
repair
bill
took
precedence
fha
security
interest
held
priority
liens
stemming
federal
lending
programs
must
determined
reference
federal
law
since
sba
fha
derive
authority
effectuate
loan
transactions
specific
acts
congress
passed
exercise
constitutional
function
power
clearfield
trust
rights
well
derive
federal
source
statutes
authorizing
federal
lending
programs
specify
appropriate
rule
decision
way
limits
reach
federal
law
pp
national
rule
unnecessary
protect
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interests
underlying
sba
fha
loan
programs
relative
priority
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liens
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liens
arising
programs
determined
nondiscriminatory
state
laws
absent
congressional
directive
contrary
pp
incorporating
state
law
determine
rights
private
creditors
way
hinder
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sba
fha
loan
programs
agencies
operating
practices
recognize
government
security
interests
controlled
commercial
law
state
belie
assertion
uniform
rule
priority
needed
avoid
administrative
burdens
created
disparate
state
commercial
rules
pp
deference
customary
commercial
practices
conflict
objectives
lending
programs
sba
fha
loan
programs
form
social
welfare
legislation
primarily
designed
assist
farmers
businesses
obtain
funds
private
lenders
reasonable
terms
congress
intended
private
commercial
sector
rather
taxpayers
general
bear
risks
default
entailed
public
welfare
programs
established
priority
scheme
displacing
state
law
since
government
substantially
position
private
lenders
extends
funds
programs
special
status
seeks
unnecessary
safeguard
public
fisc
pp
rejecting
commercial
rules
proven
workable
time
undermine
stability
commercial
community
depends
making
reliable
evaluations
risk
absent
concrete
reasons
altering
settled
commercial
practices
prudent
course
adopt
readymade
body
state
law
federal
rule
decision
congress
strikes
different
accommodation
pp
judgment
affirmed
since
appeals
found
texas
law
gave
preference
kimbell
lien
judgment
vacated
case
remanded
determination
whether
fha
financing
statement
sufficient
georgia
law
whether
georgia
treats
repairman
liens
superior
previously
perfected
consensual
liens
marshall
delivered
opinion
unanimous
deputy
solicitor
general
barnett
argued
cause
cases
briefs
solicitor
general
mccree
assistant
attorney
general
babcock
deputy
solicitor
general
easterbrook
marion
jetton
thomas
wilson
vernon
teofan
argued
cause
respondents
brief
vickers
howell
hollis
iii
argued
cause
filed
brief
respondent
fn
robert
mclean
filed
brief
national
commercial
finance
conference
amicus
curiae
james
keast
william
travis
filed
brief
national
farm
power
equipment
dealer
assn
amicus
curiae
urging
affirmance
justice
marshall
delivered
opinion
granted
certiorari
cases
determine
whether
contractual
liens
arising
certain
federal
loan
programs
take
precedence
private
liens
absence
federal
statute
setting
priorities
resolve
question
must
decide
first
whether
federal
state
law
governs
controversies
second
federal
law
applies
whether
fashion
uniform
priority
rule
incorporate
state
commercial
law
conclude
source
law
federal
national
rule
unnecessary
protect
federal
interests
underlying
loan
programs
accordingly
adopt
state
law
appropriate
federal
rule
establishing
relative
priority
competing
federal
private
liens
involves
two
contractual
security
interests
personal
property
super
markets
inc
interests
perfected
pursuant
texas
uniform
commercial
code
ucc
lien
secures
loan
guaranteed
small
business
administration
sba
private
lien
arises
security
agreements
preceded
federal
guarantee
secures
advances
respondent
made
federal
guarantee
super
markets
borrowed
kimbell
foods
kimbell
grocery
wholesaler
two
security
agreements
identified
supermarket
equipment
merchandise
collateral
agreements
also
contained
standard
dragnet
clause
providing
collateral
secure
future
advances
kimbell
super
markets
kimbell
properly
perfected
security
interests
filing
financing
statements
texas
secretary
state
according
texas
law
february
super
markets
obtained
loan
republic
national
bank
dallas
republic
bank
accepted
security
property
specified
kimbell
agreements
filed
financing
statement
texas
secretary
state
perfect
security
interest
sba
guaranteed
loan
small
business
act
authorizes
assistance
one
exception
specify
priority
rules
govern
sba
security
interests
super
markets
used
republic
loan
proceeds
satisfy
remainder
obligation
discharge
indebtedness
inventory
purchased
kimbell
open
account
kimbell
continued
credit
sales
super
markets
balance
due
reached
january
thereupon
kimbell
initiated
state
proceedings
super
markets
recover
inventory
debt
shortly
kimbell
filed
suit
super
markets
defaulted
loan
republic
assigned
security
interest
sba
late
december
recorded
assignment
texas
authorities
january
honored
guarantee
paid
republic
outstanding
indebtedness
february
day
super
markets
approval
creditors
sold
equipment
inventory
placed
proceeds
escrow
pending
resolution
competing
claims
funds
approximately
one
year
later
state
entered
judgment
super
markets
awarded
kimbell
representing
inventory
debt
plus
interest
attorney
fees
kimbell
thereafter
brought
instant
action
foreclose
lien
claiming
security
interest
escrow
fund
superior
sba
district
held
government
determining
federal
law
controlled
controversy
applied
principles
developed
afford
federal
statutory
tax
liens
special
priority
state
private
liens
governing
statute
specify
priorities
kimbell
foods
republic
nat
bank
dallas
supp
nd
tex
see
security
trust
sav
bank
pioneer
american
ins
rules
lien
first
time
first
right
however
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first
time
nonfederal
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must
choate
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specific
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lien
arises
lien
choate
identity
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subject
lien
amount
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britain
see
vermont
failure
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one
conditions
forecloses
priority
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lien
even
state
law
nonfederal
lien
enforceable
purposes
federal
lien
arose
kimbell
reduce
lien
judgment
february
federal
lien
created
either
republic
filed
financing
statement
republic
recorded
assignment
district
concluded
respondent
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lien
arose
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held
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state
law
sba
lien
superior
kimbell
claim
future
advance
clauses
agreements
intended
secure
debts
arising
super
market
subsequent
inventory
purchases
appeals
reversed
kimbell
foods
republic
nat
bank
dallas
agreed
federal
law
governs
rights
sba
loan
program
first
time
first
right
priority
principle
control
competing
claims
however
refused
extend
choateness
rule
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federal
government
involuntary
creditor
tax
delinquents
rather
voluntary
commercial
lender
instead
fashioned
new
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rule
determining
lien
first
time
concluded
context
competing
state
security
interests
arising
first
meet
ucc
perfection
requirements
achieved
priority
appeals
considered
lien
qualified
first
perfected
disagreeing
district
determined
texas
law
security
agreements
covered
kimbell
future
advances
liens
securing
advances
dated
filing
security
agreements
federal
lien
arose
appeals
adopt
texas
law
rather
proceeded
decide
whether
future
advances
receive
treatment
federal
common
law
surveying
three
possible
approaches
held
kimbell
future
advances
dated
back
agreements
therefore
took
precedence
republic
loan
issue
whether
federal
contractual
security
interest
tractor
superior
subsequent
repairman
lien
property
ralph
bridges
obtained
several
loans
farmers
home
administration
fha
consolidated
farmers
home
administration
act
like
small
business
act
statute
establish
rules
priority
secure
fha
loans
agency
obtained
security
interest
bridges
crops
farm
equipment
perfected
filing
standard
fha
financing
statement
georgia
officials
february
bridges
subsequently
took
tractor
respondent
crittenden
repairs
numerous
occasions
accumulating
unpaid
repair
bills
december
bridges
respondent
repair
tractor
cost
bridges
pay
balance
respondent
retained
tractor
acquired
lien
therein
georgia
law
code
may
bridges
filed
bankruptcy
discharged
debts
instituted
action
crittenden
obtain
possession
tractor
district
rejected
government
claim
fha
security
interest
superior
respondent
granted
summary
judgment
respondent
alternative
grounds
first
held
agency
properly
perfected
security
interest
financing
statement
inadequately
described
collateral
civ
action
md
second
found
even
description
sufficient
federal
state
law
accorded
priority
respondent
lien
ibid
appeals
affirmed
part
reversed
part
first
ruled
rights
liabilities
parties
suit
arising
fha
loan
transactions
must
rationale
clearfield
trust
doctrine
determined
reference
federal
law
footnotes
omitted
see
clearfield
trust
fashioning
federal
rule
assessing
sufficiency
fha
financing
statement
elected
follow
model
ucc
rather
incorporate
georgia
law
determined
description
collateral
adequate
model
ucc
perfect
fha
security
interest
appeals
addressed
priority
question
concluded
neither
state
law
choateness
doctrines
appropriate
resolve
conflicting
claims
place
devised
special
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commercial
law
rule
using
model
ucc
tax
lien
act
guides
rule
give
priority
repairman
liens
government
previously
perfected
consensual
security
interests
repairman
continuously
possesses
property
time
lien
arises
applying
rule
appeals
concluded
crittenden
lien
final
repair
bill
took
precedence
fha
security
interest
ii
consistently
held
federal
law
governs
questions
involving
rights
arising
nationwide
federal
programs
explained
clearfield
trust
supra
disburses
funds
pays
debts
exercising
constitutional
function
power
authority
origin
constitution
statutes
way
dependent
laws
state
duties
imposed
upon
rights
acquired
find
roots
federal
sources
absence
applicable
act
congress
federal
courts
fashion
governing
rule
law
according
standards
citations
omitted
statutes
authorizing
federal
lending
programs
specify
appropriate
rule
decision
way
limits
reach
federal
law
precisely
congress
spoken
area
comprising
issues
substantially
related
established
program
government
operation
quoting
mishkin
clearfield
directs
federal
courts
fill
interstices
federal
legislation
according
standards
clearfield
trust
federal
law
therefore
controls
government
priority
rights
difficult
task
turn
giving
content
federal
rule
iii
controversies
directly
affecting
operations
federal
programs
although
governed
federal
law
inevitably
require
resort
uniform
federal
rules
see
clearfield
trust
supra
little
lake
misere
land
supra
whether
adopt
state
law
fashion
nationwide
federal
rule
matter
judicial
policy
dependent
upon
variety
considerations
always
relevant
nature
specific
governmental
interests
effects
upon
applying
state
law
standard
oil
undoubtedly
federal
programs
nature
must
uniform
character
throughout
nation
necessitate
formulation
controlling
federal
rules
yazell
see
clearfield
trust
supra
standard
oil
supra
illinois
milwaukee
conversely
little
need
nationally
uniform
body
law
state
law
may
incorporated
federal
rule
decision
apart
considerations
uniformity
must
also
determine
whether
application
state
law
frustrate
specific
objectives
federal
programs
must
fashion
special
rules
solicitous
federal
interests
finally
inquiry
must
consider
extent
application
federal
rule
disrupt
commercial
relationships
predicated
state
law
government
argues
effective
administration
lending
programs
requires
uniform
federal
rules
priority
contends
resort
rules
first
time
first
right
choateness
conflict
protectionist
fiscal
policies
underlying
programs
unpersuaded
circumstances
presented
nationwide
standards
favoring
claims
necessary
ease
program
administration
safeguard
federal
treasury
defaulting
debtors
state
commercial
codes
furnish
convenient
solutions
way
inconsistent
adequate
protection
federal
interest
standard
oil
supra
decline
override
intricate
state
laws
general
applicability
private
creditors
base
daily
commercial
transactions
incorporating
state
law
determine
rights
private
creditors
way
hinder
administration
sba
fha
loan
programs
yazell
supra
rejected
argument
similar
government
need
uniformity
precluded
application
state
coverture
rules
sba
loan
contract
sba
operations
specifically
great
detail
adapted
state
law
federal
interest
supplanting
important
carefully
evolved
state
arrangements
designed
serve
multiple
purposes
minimal
conclusion
compliance
state
law
produce
hardship
agency
also
based
sba
practice
individually
negotiat
ing
painfully
particularized
detail
loan
transaction
observations
apply
equal
force
compel
us
reject
generalized
pleas
uniformity
substitutes
concrete
evidence
adopting
state
law
adversely
affect
administration
federal
programs
although
sba
financial
assistance
manual
relied
yazell
longer
replete
admonitions
follow
state
law
carefully
sba
employees
still
instructed
indeed
follow
state
law
fact
fair
reading
sba
financial
assistance
manual
sop
sba
manual
indicates
agency
assumes
security
interests
controlled
large
extent
commercial
law
state
similarly
fha
regulations
expressly
incorporate
state
law
mandate
compliance
state
procedures
perfecting
maintaining
valid
security
interests
highlight
rules
differ
state
state
cfr
ensure
employees
aware
new
developments
fha
also
issues
state
supplements
reflect
state
statutory
changes
version
ucc
see
contrary
government
claim
fha
complies
state
procedural
rules
reply
brief
agency
reliance
state
law
extends
substantive
requirements
well
indeed
applicable
regulations
suggest
state
rules
determine
priority
fha
liens
federal
statutes
agency
regulations
controlling
cfr
see
also
thus
agencies
operating
practices
belie
assertion
federal
rule
priority
needed
avoid
administrative
burdens
created
disparate
state
commercial
rules
programs
already
conform
state
commercial
standards
using
local
lending
offices
employees
familiar
law
respective
localities
agencies
function
effectively
without
uniform
procedures
legal
rules
nevertheless
government
maintains
requiring
agencies
assess
security
arrangements
local
law
dictate
close
scrutiny
transaction
thereby
impede
expeditious
processing
loans
disagree
choosing
responsible
debtors
necessarily
requires
individualized
selection
procedures
agencies
already
implemented
considerable
detail
applicant
financial
condition
evaluated
rigorous
standards
lengthy
process
agency
employees
negotiate
personally
borrowers
investigate
property
offered
collateral
encumbrances
obtain
local
legal
advice
adequacy
proposed
security
arrangements
addition
adapt
terms
every
loan
parties
needs
capabilities
application
currently
receives
individual
scrutiny
agencies
readily
adjust
loan
transactions
reflect
state
priority
rules
consider
factual
legal
matters
disbursing
government
funds
noted
yazell
lending
programs
distinguishable
nationwide
act
federal
government
emanating
single
form
single
source
omitted
since
indication
variant
state
priority
schemes
burden
current
methods
loan
processing
conclude
considerations
administrative
convenience
warrant
adoption
uniform
federal
law
government
argues
applying
state
law
lending
programs
undermine
ability
recover
funds
disbursed
therefore
conflict
program
objectives
government
view
difficult
identify
material
distinction
dollar
received
collection
taxes
dollar
returned
treasury
repayment
federal
loan
brief
therefore
agencies
conclude
purpose
federal
tax
lien
statute
insure
prompt
certain
collection
taxes
justified
imposition
choateness
doctrines
tax
lien
context
federal
interest
recovering
loans
compels
similar
legal
protection
agencies
consensual
liens
however
believe
significant
differences
federal
tax
liens
consensual
liens
counsel
unreflective
extension
rules
immunize
commercial
law
governing
voluntary
secured
creditors
differences
persuade
us
deference
customary
commercial
practices
frustrate
objectives
lending
programs
collection
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beaver
county
brosnan
yazell
nn
wallis
pan
american
petroleum