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UNITED STATES v. HANSEN

Nos. 17113-17115.

311 F.2d 477 (1963)

UNITED STATES of America, Appellant, v. S. Herbert HANSEN and Harry Summers, partners, d/b/a Hansen and Summers, Appellee. UNITED STATES of America, Appellant, v. Raymond MERK, d/b/a Merk Grain and Feed Company, Appellee. UNITED STATES of America, Appellant, v. Theodore R. ANDERSEN, Appellee.

United States Court of Appeals Eighth Circuit.

January 3, 1963.

Attorney(s) appearing for the Case

Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., made argument for appellant and Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Washington, D. C., Donald A. Wine, U. S. Atty., Des Moines, Iowa, and Jerry C. Straus, Atty., Dept. of Justice, Washington, D. C., were with him on the brief.

L. K. Madsen, Audubon, Iowa, and Dale D. Levis, Audubon, Iowa, made argument for appellees and filed brief.

Before JOHNSEN, Chief Judge and VAN OOSTERHOUT and MATTHES, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

United States of America has appealed from judgments entered against it upon three complaints filed in three actions wherein it sought damages for conversion of hogs and corn subject to a valid chattel mortgage running to Farmers Home Administration of the Department of Agriculture (FHA). Defendants had purchased corn and hogs from the mortgagor. The defense urged in each case is that the FHA had waived its mortgage lien as to the property...

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