Midwest Feeders, Inc. v. Regions Bank (Inc.) (Alabama) , 707 F. App'x 952 ( 2018 )

Case: 16-16849 Date Filed: 01/03/2018 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 16-16849
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D.C. Docket No. 1:15-cv-00013-LJA
MIDWEST FEEDERS, INC.,
a Kansas corporation,
Plaintiff – Appellant,
versus
REGIONS BANK (INC) (ALABAMA),
an Alabama corporation,
Defendant – Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Georgia
________________________
(January 3, 2018)
Before TJOFLAT and JULIE CARNES, Circuit Judges, and BLOOM, ∗ District
Judge.
∗
Honorable Beth Bloom, United States District Judge for the Southern District of Florida, sitting
by designation.
Case: 16-16849 Date Filed: 01/03/2018 Page: 2 of 2
PER CURIAM:
Midwest Feeders appeals the District Court’s grant of a motion to dismiss its
complaint for failure to state a claim. After review, and with the benefit of oral
argument, we conclude the complaint was properly dismissed because the facts of
this case do not give rise to any claim asserted by Midwest Feeders.
For example, it is obvious that Midwest Feeders is not within the class of
“‘[p]erson[s] entitled to enforce’ an instrument” within the meaning of O.C.G.A.
§ 11-3-301. Furthermore, its common law conversion claim is clearly preempted
by O.C.G.A. § 11-3-420. See Ownbey Enters., Inc. v. Wachovia Bank, N.A., 457 F.
Supp. 2d 1341, 1353–54 (N.D. Ga. 2006) (citing Jacobs v. Metro Chrysler-
Plymouth, Inc., 188 S.E.2d 250, 253 (Ga. Ct. App. 1972)).
For these reasons, and for the additional reasons well described in the
District Court’s September 30, 2016 order dismissing the complaint, we affirm.
AFFIRMED.
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