UNITED STATES v. SOMMERVILLE

No. 14325.

324 F.2d 712 (1963)

UNITED STATES of America v. Sandy SOMMERVILLE, trading and doing business under the name and style, New Wilmington Livestock Auction, Appellant.

United States Court of Appeals Third Circuit.

Decided November 14, 1963.

As Amended January 8, 1964.


Attorney(s) appearing for the Case

Loyal H. Gregg, Pittsburgh, Pa. (Gregg & Price, Pittsburgh, Pa., James A. Stranahan III, Stranahan & Stranahan, Mercer, Pa., on the brief), for appellant.

Alan S. Rosenthal, Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Gustave Diamond, U. S. Atty., Edward A. Groobert, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before BIGGS, Chief Judge, STALEY, Circuit Judge, and STEEL, District Judge.


BIGGS, Chief Judge.

This case sounds in tort and has been labeled a suit for conversion: i. e., an action for the wrongful taking of an interest in property. The United States, acting on behalf of Farmers Home Administration (FHA), is the plaintiff. The defendant is an auctioneer licensed under the laws of Pennsylvania and doing business in that Commonwealth. He was cast in the litigation and appeals. The relevant facts follow.

During the period March 1954...

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