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F. P. BAUGH, INC. v. LITTLE LAKE LUMBER COMPANY

No. 17230.

297 F.2d 692 (1961)

F. P. BAUGH, INC., a California corporation, Appellant, v. LITTLE LAKE LUMBER COMPANY, aka Little Lake Lumber Co., a partnership, United States of America, et al., Appellees.

United States Court of Appeals Ninth Circuit.

Petition for Reconsideration Denied December 18, 1961.

Petition for Clarification or Rehearing Denied January 17, 1962.

Attorney(s) appearing for the Case

Falk, Johnson & Cleland, Ukiah, Cal., and Peter L. Townsend, San Francisco, Cal., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Fred E. Youngman and Kenneth Levin, Attys., Dept. of Justice, Washington, D. C., Laurence E. Dayton, U. S. Atty., and Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for appellees.

Before CHAMBERS and MERRILL, Circuit Judges, and KILKENNY, District Judge.

KILKENNY, District Judge.

Appellant seeks to foreclose a chattel mortgage and deed of trust on certain property in California. The United States of America, respondent here, filed a counterclaim for foreclosure of an alleged tax lien. The lower court found for respondent and held that the notice of tax lien was sufficient to place a reasonable prudent person on inquiry and that if inquiry had been made, the person so inquiring would be inevitably led to the conclusion...

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