SOUTHWEST ENGINE COMPANY v. UNITED STATES

No. 6237.

275 F.2d 106 (1960)

SOUTHWEST ENGINE COMPANY, a corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 23, 1960.


Attorney(s) appearing for the Case

John B. Tittmann, Albuquerque, N. M., for appellant.

James A. Borland, U. S. Atty., Albuquerque, N. M., for appellee.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and WALLACE, District Judge.


WALLACE, District Judge.

The appellant urges that inasmuch as its mechanic's lien, as a matter of law, had priority over appellee's chattel mortgage, the district court erred in sustaining appellee's motion for summary judgment.

The facts are undisputed. In December of 1956, the Manganese Corporation of Arizona procured a loan from the Small Business Administration;1 the note given to SBA was secured by a chattel mortgage, embracing...

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