UNITED STATES v. RAY THOMAS GRAVEL CO.

No. A-9954.

380 S.W.2d 576 (1964)

UNITED STATES of America, Petitioner, v. RAY THOMAS GRAVEL CO., Inc., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied July 15, 1964.


Attorney(s) appearing for the Case

Barefoot Sanders, U. S. Dist. Atty., Charles D. Cabaniss, Asst. U. S. Atty., Dallas, Lee A. Jackson, Joseph Kovner, Earl J. Silbert, Dept. of Justice, Washington, D. C., and John B. Jones, Jr., Asst. Atty. Gen., for petitioner.

Kerr, Day & Cook, Fort Worth, for Ray Thomas Gravel Co.

Fay W. Prescott, Fort Worth, for Glen V. Paden.

Simon & Simon, Fort Worth, for W. C. Turner.


GREENHILL, Justice.

The main question here is whether a federal tax lien is superior, under the circumstances, to the attorney's fees of an interpleader. The amount of the attorney's fee for the interpleader action has not yet been fixed. The courts below have held that the interpleader's attorney's fee is superior. Because of the federal statute and opinions of the Supreme Court of the United States, this holding cannot stand.

The facts are many and complicated...

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