UNITED STATES v. GLENDALE NURSING HOME

No. 15413.

356 F.2d 651 (1966)

UNITED STATES of America v. GLENDALE NURSING HOME. Lawrence J. Peterson, t/a Peterson Construction Company, Judgment Creditor, Appellant.

United States Court of Appeals Third Circuit.

Decided January 27, 1966.


Attorney(s) appearing for the Case

Frank J. Ferry, Atlantic City, N. J., for appellant.

Robert N. McAllister, Jr., Atlantic City, N. J., for appellee.

Before McLAUGHLIN, FORMAN and GANEY, Circuit Judges.


McLAUGHLIN, Circuit Judge.

In this dispute over the ownership of a portion of a sum of money, the only real difficulty arises from the misdirection which would occur if appellant's erroneous conception of the facts was to be accepted. His contention is that the problem is one concerning two creditors on an equal footing and that, as he was the first to levy upon the property, he takes precedence over appellee. His major premise is simply contrary to the fact.

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