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UNITED STATES v. L. R. FOY CONSTRUCTION COMPANY

No. 6751.

300 F.2d 207 (1962)

UNITED STATES of America, Appellant, v. L. R. FOY CONSTRUCTION COMPANY, Inc., Valley State Bank, Syracuse, Kansas, Tri-State Insurance Company, Tulsa, Oklahoma, and Herbert A. Stumm, Appellees.

United States Court of Appeals Tenth Circuit.

February 15, 1962.

Attorney(s) appearing for the Case

Moshe Schuldinger, Atty., Dept. of Justice (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott and George F. Lynch, Attys., Dept. of Justice, and Newell A. George, U. S. Atty., and Robert M. Green, Asst. U. S. Atty., on the brief), for appellant.

George Templar, Arkansas City, Kan. (P. C. Frazee, Syracuse, Kan., Earle N. Wright and Ted M. Templar, Arkansas City, Ark., with him on the brief), for Valley State Bank and Tri-State Ins. Co., appellees.

No appearance for L. R. Foy Const. Co., Inc., and Herbert A. Stumm, appellees.

Before BRATTON, HUXMAN and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The United States appeals from a judgment entered in an interpleader action brought by L. R. Foy Construction Company (Foy) and claims that the trial court erred in subordinating its claims for taxes due from Stumm (taxpayer) to the claims of Valley State Bank and Tri-State Insurance Company (herein referred to as Bank and Surety respectively).

Foy held the principal contract for the construction of a high school building at Garden...

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