IN RE FORNEY

No. 13523.

299 F.2d 503 (1962)

In the Matter of Albert E. FORNEY and Juanita I. Forney, Bankrupts. The UNITED STATES of America, Appellant, v. Raymond A. FLYNN, Trustees, Appellee.

United States Court of Appeals Seventh Circuit.

February 27, 1962.


Attorney(s) appearing for the Case

James P. O'Brien, U. S. Atty., Chicago, Ill., Morton Hollander, Chief, Appellate Section, Jerome I. Levinson, Atty., U. S. Dept. of Justice, Washington, D. C., William H. Orrick, Jr., Asst. Atty. Gen., John G. Laughlin, Atty., Dept. of Justice, Washington, for appellant.

Harold R. Nettles, Freeport, for appellee.

Before SCHNACKENBERG, KNOCH and SWYGERT, Circuit Judges.


SWYGERT, Circuit Judge.

Raymond A. Flynn, trustee in bankruptcy of the estate of Albert E. and Juanita I. Forney, filed a petition before the referee to have a lien of the United States declared void. The government, as mortgagee under a Farmers' Home Administration mortgage, had asserted the lien against a portion of the proceeds of a sale of certain mortgaged property. The proceeds to which claim is made are now in the hands of the trustee. The referee granted the...

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