HOLZER v. UNITED STATES

No. 15756.

244 F.2d 562 (1957)

Aloys HOLZER and Lawrence Holzer, Appellants, v. UNITED STATES of America, Harry Tenborg, United States Marshal, and William O'Leary, Deputy United States Marshal; and Kasmer Mastel and Theresia Mastel, his wife, Appellees.

United States Court of Appeals Eighth Circuit.

June 5, 1957.


Attorney(s) appearing for the Case

J. K. Murray, Bismarck, N. D., filed brief for appellants.

Robert Vogel, U. S. Atty., and William R. Mills, Asst. U. S. Atty., Fargo, N. D., filed brief for appellee, United States of America.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.


SANBORN, Circuit Judge.

This is an appeal in an action to quiet title to a tract of land in Emmons County, North Dakota, from an order denying a motion of the plaintiffs (appellants) "for a temporary injunction restraining [during the pendency of the action] the United States Federal Attorney * * * and his assistants, and the United States Marshal * * * and his deputies, from selling at judicial sale or otherwise, the property described in the complaint."

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