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UNITED STATES v. MAYS

No. 5979.

264 F.2d 317 (1959)

UNITED STATES of America, Appellant, v. Floy MAYS, as Treasurer of Kiowa County, Colorado; and Board of County Commissioners of Kiowa County, Colorado, Appellees.

United States Court of Appeals Tenth Circuit.

March 5, 1959.

Attorney(s) appearing for the Case

Peter H. Schiff, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Donald E. Kelley, U. S. Atty., Denver, Colo., and Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

John B. Barnard, Jr., First Asst. Atty. Gen., State of Colorado, and Carl M. Shinn, Dist. Atty., 15th Judicial Dist. of Colorado, Lamar, Colo. (Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., State of Colorado; John J. Lefferdink, Deputy Dist. Atty. 15th Judicial Dist. of Colorado, and Edward C. Hastings, County Atty., Eads, Colo., were with them on the brief), for appellees.

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

BRATTON, Chief Judge.

The appeal in this case presents for determination a contest for priority of liens. The contestants are the United States and Kiowa County, Colorado; and the property covered by the respective liens is certain farm storage facilities. In the exercise of authority vested in it by section 4(h) of the Commodity Credit Corporation Charter Act, as amended, 15 U.S.C.A. § 714b(h), Commodity Credit Corporation, an agency and instrumentality of the...

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