DUTT v. SALES, INC.

No. 33181.

159 Ohio St. 290 (1953)

DUTT, APPELLEE, v. MARION AIR CONDITIONING SALES, INC.; BUREAU OF UNEMPLOYMENT COMPENSATION, APPELLANT, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 29, 1953.


Attorney(s) appearing for the Case

Mr. C. William O'Neill, attorney general, Mr. William M. Gemmill and Mr. John W. Hardwick, for appellant.

Messrs. Wilhelm & Robinson, for plaintiff appellee.

Messrs. Guthery, Harmon & Conkle, Mr. Ralph W. Weimer, for appellee The National City Bank of Marion.

Mr. John J. Kane, Jr., United States district attorney, and Mr. Marcus L. Friedman, for appellee the United States.


TAFT, J.

Although, in its brief on its motion to certify, the state apparently conceded that the United States was entitled to all the unencumbered funds, the state contended in its brief on the merits and in argument on the merits that the lien which it claims by reason of the foregoing statutory provisions cannot be affected by the federal statutes. Since the United States does not claim to be entitled to any portion of the encumbered funds, these contentions of...

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