WOLVERINE INSURANCE COMPANY v. PHILLIPS

Civ. No. 1015.

165 F.Supp. 335 (1958)

WOLVERINE INSURANCE COMPANY, Toy National Bank, and Loren Mahoney, Plaintiffs, v. V. Lee PHILLIPS, District Director of Internal Revenue, and United States of America, Defendants.

United States District Court N. D. Iowa, W. D.

August 12, 1958.


Attorney(s) appearing for the Case

Charles F. Stilwill and Kenneth T. Wilson, Sioux City, Iowa, for plaintiffs.

F. E. Van Alstine, U. S. Dist. Atty., and Theodore G. Gilinsky, Asst. U. S. Dist. Atty., for defendants.


GRAVEN, District Judge.

The controversy in this case is between a surety on the bond of a defaulting building contractor and the Government as the holder of tax liens against such contractor as to the sum of $10,168.46 being held in escrow.

On May 26, 1955, Mr. and Mrs. Loren H. Mahoney, hereinafter referred to as Owner, entered into a contract with Ericsson and Kochen, hereinafter referred to as the Contractor, relating to the construction of a residence...

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