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UNITED STATES v. DAVIS MINING ENTERPRISES

Civ. A. No. 2807.

187 F.Supp. 911 (1960)

UNITED STATES of America, Plaintiff, v. DAVIS MINING ENTERPRISES, a limited partnership; Vernon C. Davis, as the sole general partner of said Davis Mining Enterprises; Donna Davis; the Eagle-Picher Company, an Ohio corporation; the Industrial Commission of Wisconsin, the Village of Linden, the Town of Linden, the County of Iowa, and the State of Wisconsin, Defendants.

United States District Court W. D. Wisconsin.

October 17, 1960.

Attorney(s) appearing for the Case

George E. Rapp, U. S. Atty., by John C. Fritschler, Jr., Asst. U. S. Atty., Madison, Wis., for plaintiff.

McDaniel, McDaniel & Reinoehl, Darlington, Wis., for defendant Eagle-Picher Co.

W. H. Putnam, Madison, Wis., Industrial Commission, State of Wis., James P. Fiedler, Dist. Atty., Iowa County, Mineral Point, Wis., for defendants.

Robert D. Sundby, Madison, Wis., League of Wis. Municipalities, John F. Kitzke, Asst. City Atty., Milwaukee, Wis., amici curiæ.

STONE, District Judge.

This is a real estate foreclosure action. Plaintiff seeks judgment declaring its mortgage lien to be prior and superior to the real estate tax liens of defendants Town of Linden, the Village of Linden, Iowa County and the State of Wisconsin, arising out of the assessment of taxes against the mortgaged premises in the sum of $5,455.87 for the years of 1954, 1955 and 1956. The actual value of the mortgaged property does not exceed this amount...

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