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SCHLOTHAN v. TERRITORY OF ALASKA

No. 15817.

276 F.2d 806 (1960)

Lillian SCHLOTHAN, Appellant, v. TERRITORY OF ALASKA, Appellee. TERRITORY OF ALASKA, Appellant, v. Lillian SCHLOTHAN, Appellee.

United States Court of Appeals Ninth Circuit.

February 9, 1960.

Attorney(s) appearing for the Case

Phillip Barnett, San Francisco, Cal., Gore & Jernberg, Ketchikan, Alaska, for appellant.

J. Gerald Williams, Atty. Gen., David J. Pree, Asst. Atty. Gen., Territory of Alaska, for appellee.

Before CHAMBERS, Chief Judge, and STEPHENS, POPE, FEE, BARNES, HAMLEY, HAMLIN and JERTBERG, Circuit Judges.

HAMLEY, Circuit Judge.

This mortgage foreclosure case presents questions concerning the priorities as between a statutory lien of the Territory of Alaska for unpaid license taxes and a purchase money mortgage. The trial court determined by summary judgment that the tax lien had priority as to some, but not all, of the unpaid taxes. The mortgagee has appealed, and Alaska has cross-appealed.

The facts are not in dispute. Prior to June 19, 1951, Lillian Schlothan...

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