UNITED STATES v. WHITE BEAR BREWING CO.

No. 11431.

227 F.2d 359 (1955)

The UNITED STATES of America, Plaintiff-Appellant, v. WHITE BEAR BREWING CO., Inc., and Chicago Title and Trust Company as Trustee, et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

November 18, 1955.


Attorney(s) appearing for the Case

Robert Tieken, U. S. Atty., Chicago, Ill., H. Brian Holland, Asst. Atty. Gen., Joseph F. Goetten, U. S. Dept. of Justice, Ellis N. Slack, Hilbert P. Zarky, Stanley P. Wagman, Special Assts. to the Atty. Gen., for the United States.

William H. Avery, Jr., Kenneth F. Burgess, Chicago, Ill., Edward P. Saltiel, Chicago, Ill., for appellee. George Ragland, Jr., Walter J. Cummings, Jr., Henry A. Preston, Chicago, Ill., for White Bear Brewing Co., and Chicago Title and Trust Co., as Trustee, defendants-appellees, Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel.

Before DUFFY, Chief Judge, and FINNEGAN and LINDLEY, Circuit Judges.


FINNEGAN, Circuit Judge.

Defendant White Bear Brewing Co., Inc., is the record title-holder of property which the government, as plaintiff, by its action, filed below, would have sold, and the proceeds distributed. Chicago Title and Trust Company is a co-defendant in its capacity under defendant's purchase-money mortgage in trust deed form.

Defendant filed a motion to dismiss the government's complaint, and as the district judge cogently summarized this aspect...

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