UNITED STATES v. SPOKANE RODEO

No. 15661.

254 F.2d 377 (1958)

UNITED STATES of America, Appellant, v. SPOKANE RODEO, Inc., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

March 28, 1958.


Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Elmer J. Kelsey, Lee A. Jackson, Robert N. Anderson, Karl Schmeidler, Attys., Dept. of Justice, Washington, D. C., William B. Bantz, U. S. Atty., Riner E. Deglow, Asst. U. S. Atty., Spokane, Wash., for appellant.

Harvey Erickson, Frank R. Freeman, Spokane, Wash., for appellee.

Before HEALY, BONE and ORR, Circuit Judges.


ORR, Circuit Judge.

This case deals with a situation in which the government collected and now has in its possession the sum of $2,291.88, to which it is not legally entitled, but unfortunately, owing to the circumstances of the case, a legal recovery by the rightful owners is almost impossible. The trial court made a praiseworthy effort to effect a distribution but we do not think its judgment can be sustained as a matter of law.

The facts are not in dispute...

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