Midwest Feeders, Inc. v. Regions Bank (Inc) (Alabama), No. 16-16849 (11th Cir. 2018)

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Case: 16-16849 Date Filed: 01/03/2018 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-16849 ________________________ D.C. Docket No.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 ChryslerPlymouth, 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. 2

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