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UNITED STATES v. UNION LIVESTOCK SALES COMPANY

No. 8314.

298 F.2d 755 (1962)

UNITED STATES of America, Appellee, v. UNION LIVESTOCK SALES COMPANY, Inc., a corporation, Appellant.

United States Court of Appeals Fourth Circuit.

Decided January 12, 1962.

Attorney(s) appearing for the Case

Howard Caplan, Clarksburg, W. Va. (Stewart McReynolds and McReynolds & Caplan, Clarksburg, W. Va., on brief), for appellant.

Robert E. Maxwell, U. S. Atty., Fairmont, W. Va. (Albert M. Morgan, [former] U. S. Atty., Fairmont, W. Va., on brief), for appellee.

Before SOPER and BELL, Circuit Judges, and MICHIE, District Judge.

SOPER, Circuit Judge.

This case relates to the liability of an auctioneer to the United States for the proceeds of the sale of two cows at Parkersburg, West Virginia, which were covered by a chattel mortgage recorded in Ohio in favor of the Farmers Home Administration. The proceeds of the sale were transmitted to the mortgagor at whose instance the cows were sold. The District Judge held that the auctioneer had constructive notice of the mortgage under the laws of...

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