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FIRST NATIONAL BANK OF LEWISTOWN v. TILZEY

Civ. No. 2497.

238 F.Supp. 750 (1965)

FIRST NATIONAL BANK OF LEWISTOWN, a Banking Corporation, Plaintiff, v. Francis C. TILZEY and Mrs. Marie A. Tilzey and the United States of America, Defendants.

United States District Court D. Montana, Great Falls Division.

January 18, 1965.

Attorney(s) appearing for the Case

DeKalb, Mondale & Johnson, Lewistown, Mont., for plaintiff.

Moody Brickett, U. S. Atty., Butte, Mont., and Clifford E. Schleusner, Asst. U. S. Atty., Billings, Mont., for defendant United States.

JAMESON, District Judge.

Plaintiff contends that the lien of the United States is subordinate to plaintiff's claim for attorney fees, distinguishing United States v. Pioneer American Ins. Co., 1963, 374 U.S. 84, 83 S.Ct. 1651, 10 L.Ed.2d 770, on the ground that in Montana attorney fees on the foreclosure of a mortgage are expressly made a part of the costs allowable to the plaintiff under Sections 93-8602 and 93-8613, R.C.M. 1947.<...

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