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UNITED STATES v. MILLER

No. 10721.

331 S.W.2d 436 (1960)

UNITED STATES of America, Appellant, v. George F. MILLER et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 10, 1960.

Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Meyer Rothwacks, I. Henry Kutz, Fred E. Youngman, Attys., Dept. of Justice, Washington, D. C., Russell B. Wine, U. S. Atty., Arthur L. Luethcke, Asst. U. S. Atty., San Antonio, for appellant.

Cofer & Cofer, Douglass D. Hearne, Austin, for appellee.

HUGHES, Justice.

This suit involves the relative priority of labor liens fixed under the provisions of Art. 5486, Vernon's Ann.Civ.St.1 and claims (based on liens and priorities) of the United States for withholding and unemployment taxes as against the assets of an insolvent taxpayer-employer.

The material facts are undisputed. They are:

Appellees are George F. Miller and nine other persons who were employees of Capitol...

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