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WIRTZ v. PHILLIPS

Misc. No. 3357.

251 F.Supp. 789 (1965)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff, v. Retha PHILLIPS, individually and doing business under the name and style of Phillips Coal and Coke Company, Defendant.

United States District Court W. D. Pennsylvania.

May 25, 1965.

Attorney(s) appearing for the Case

James P. McKenna, Jr., Asst. U. S. Atty., Pittsburgh, Pa., for plaintiff.

Alfred E. Jones, Jr., and William J. Franks, Uniontown, Pa., for defendant.

ROSENBERG, District Judge.

This is here for final determination on the issue of whether or not the plaintiff, W. Willard Wirtz, Secretary of Labor, United States Department of Labor, held a lien against certain property in Fayette County, Pennsylvania, on December 4, 1963. On that date the plaintiff had issued a writ of execution for the sale of such property presently held by Harry A. Montgomery and Bertha M. Montgomery, his wife, two of the present petitioners....

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