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UNITED STATES v. BATRE

No. 7124.

69 F.2d 673 (1934)

UNITED STATES v. BATRE.

Circuit Court of Appeals, Ninth Circuit.

March 12, 1934.

Attorney(s) appearing for the Case

Clifton Mathews, U. S. Atty., and K. Berry Peterson, both of Phœnix, Ariz., for appellant.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

GARRECHT, Circuit Judge.

Appeal from judgment and decree of District Court adjudging a prior contractual lien, held by the mortgagee of an airplane, to be superior and paramount to a lien created by statute for violation of section 11 of the Air Commerce Act of 1926 (49 USCA § 181).

There is no dispute as to the facts which were found by the District Court to be substantially as follows: One Clair K. Scholey,...

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