BANK OF ST. CHARLES v. ALLOY & STEEL FABRICATORS

Civ. A. Nos. 84-5417, 85-2667, 85-4651 and 85-5007.

643 F.Supp. 206 (1986)

BANK OF ST. CHARLES v. ALLOY & STEEL FABRICATORS, INC., et al. BANK OF ST. CHARLES v. UNITED STATES of America. UNITED STATES of America v. BANK OF ST. CHARLES, et al. LOUISIANA POWER & LIGHT COMPANY, et al. v. The BANK OF ST. CHARLES, et al.

United States District Court, E.D. Louisiana.

July 31, 1986.


Attorney(s) appearing for the Case

Herman C. Hoffman, Jr. and Shannon H. Daigle, Jurley and Hoffman, New Orleans, La., for the Bank.

Steven Gremminger, Tax Div., Dept. of Justice, Washington, D.C., for U.S.


MEMORANDUM OPINION

MENTZ, District Judge.

The issue before the Court is whether a collateral mortgage on real property which was recorded prior to a federal tax lien on the same property has legal priority where the act of sale was not recorded until after the tax lien arose. This is a question of first impression on which there is a paucity of recent legal authority. The parties stipulated all material facts and brought cross-motions for summary judgment...

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