H. B. AGSTEN & SONS, INC. v. HUNTINGTON TRUST & SAVINGS BANK

No. 11028.

388 F.2d 156 (1967)

H. B. AGSTEN & SONS, INC., a corporation, Appellee, v. HUNTINGTON TRUST & SAVINGS BANK, a corporation, Appellant, and Bernard L. Boutin, Administrator, Small Business Administration, and Odus R. Kincaid and Delbert E. Williams, Trustees, Appellees.

United States Court of Appeals Fourth Circuit.

Decided December 4, 1967.

Certiorari Denied April 22, 1968.


Attorney(s) appearing for the Case

Selden S. McNeer, Jr., Huntington, W. Va. (Campbell, McNeer, Woods, Bagley & Emerson, Huntington, W. Va., on brief) for appellant.

Howard R. Klostermeyer, Charleston, W.Va. (William B. Maxwell, III, and Spilman, Thomas, Battle & Klostermeyer, Charleston, W. Va., on brief) for appellee H. B. Agsten & Sons, Inc., and John C. Eldridge, Atty., Dept. of Justice (Barefoot Sanders, Asst. Atty. Gen., Morton Hollander and Robert C. McDearmid, Attys., Dept. of Justice, and Milton J. Ferguson, U. S. Atty., on brief) for Administrator and Trustees of Small Business Administration.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BRYAN, Circuit Judges, and with the consent of the parties submitted to the Court en banc.


Certiorari Denied April 22, 1968. See 88 S.Ct. 1413.

SOBELOFF, Circuit Judge:

With the facts undisputed, the only issue for our determination in this circuity of lien priorities case is the proper distribution of the proceeds from a judicial sale of property.1 We think that the District Court's disposition satisfactorily accommodates the competing interests of state and federal law and...

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