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UNITED STATES v. EVANS

No. 5461.

245 F.2d 681 (1957)

UNITED STATES of America, Appellant, v. M. Leroy EVANS and Flora J. Evans, his wife, Appellees.

United States Court of Appeals Tenth Circuit.

June 11, 1957.

Attorney(s) appearing for the Case

Alan S. Rosenthal, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Paul F. Larrazolo, U. S. Atty., Albuquerque, N. M., Samuel D. Slade and Lino A. Graglia, Attys., Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

Vance Mauney, Albuquerque, N. M. (Simms, Modrall, Seymour, Sperling & Roehl, Albuquerque N. M., were with him on the brief), for appellees.

Before BRATTON, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

BRATTON, Chief Judge.

The appeal in this case presents for determination conflicting claims of priority to a fund in the registry of the trial court. One of the rival claimants predicates its claim of priority upon duly filed chattel mortgages covering certain sheep, and the other claimants bottom their claim of priority upon a statutory lien upon the sheep.

The material facts are not in dispute. Stanley J. Proctor...

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