IN RE DECATUR TOOL & ENGINEERING CORP.

No. 12132.

253 F.2d 118 (1958)

In the Matter of DECATUR TOOL & ENGINEERING CORPORATION, an Illinois corporation, Bankrupt. UNITED STATES of America, Creditor-Appellant, v. MT. ZION STATE BANK, an Illinois corporation, Claimant-Appellee.

United States Court of Appeals Seventh Circuit.

February 25, 1958.


Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., David O. Walter, Atty., Tax Division, U. S. Dept. of Justice, Washington, D. C., John B. Stoddart, Jr., U. S. Atty., Springfield, Ill., Lee A. Jackson, Harry Baum, Arthur I. Gould, Attys., Dept. of Justice, Washington, D. C., Marks Alexander, Asst. U. S. Atty., Springfield, Ill., for appellant.

D. S. McGaughey, Monroe & McGaughey, Decatur, Ill., for appellee.

Before SCHNACKENBERG and PARKINSON, Circuit Judges, and WHAM, District Judge.


SCHNACKENBERG, Circuit Judge.

The United States appeals from an order of the district court, sitting in bankruptcy, holding valid under Illinois law, a chattel mortgage securing the note of the bankrupt payable to the Mt. Zion State Bank, appellee. The government's sole ground of attack is, in the words of its brief, "because the acknowledgment of the chattel mortgage by the corporate officers instead of the corporation itself was not in compliance with the applicable...

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