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FIRST NATIONAL BANK OF FORT SMITH, ARK. v. MATTINGLY

No. 7059.

312 F.2d 603 (1962)

The FIRST NATIONAL BANK OF FORT SMITH, ARKANSAS, Appellant, v. H. E. MATTINGLY, d/b/a Sanitary Plumbing Company, Appellee.

United States Court of Appeals Tenth Circuit.

December 21, 1962.

Attorney(s) appearing for the Case

D. S. MacDonald, Jr., Durant, Okl., for appellant.

James W. Batchelor, Durant, Okl., for appellee.

Before BRATTON, BREITENSTEIN and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant, The First National Bank of Fort Smith, Arkansas (mortgagee), sued to foreclose a mortgage on industrial property in Bryan County, Oklahoma. Appellee, H. E. Mattingly (lien claimant), asserted a mechanic's and materialman's lien against the property. The property was sold under court order and the amount of the lien claim deposited with the clerk. The trial court held the lien superior to the mortgage and the mortgagee appeals...

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