UNITED STATES v. EDGERTON & SONS

No. 7, Docket 21231.

178 F.2d 763 (1949)

UNITED STATES v. EDGERTON & SONS, Inc.

United States Court of Appeals Second Circuit.

Decided December 28, 1949.


Attorney(s) appearing for the Case

David R. Lessler, of Bridgeport, Conn., Attorney for appellant.

Adrian W. Maher, United States Attorney, Hartford, Conn., for appellee; Edward J. Lonergan, Assistant United States Attorney, Hartford, Conn., of counsel.

Before L. HAND, SWAN and FRANK, Circuit Judges.


SWAN, Circuit Judge.

This is an action in replevin brought by the United States to obtain possession of a large quantity of powdered eggs which were in storage in the defendant's warehouse. The defendant asserted a ware-houseman's lien and refused delivery unless its storage charges were paid. After the pleadings were at issue the plaintiff moved for summary judgment on the ground that no lien can be created against government-owned property without the consent of...

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