UNITED STATES v. WAGNER

No. 9464.

390 F.2d 13 (1968)

UNITED STATES of America, Appellant, v. James E. WAGNER, Trustee in Bankruptcy, Appellee.

United States Court of Appeals Tenth Circuit.

February 27, 1968.


Attorney(s) appearing for the Case

Robert C. McDiarmid, Atty., Dept. of Justice (Carl Eardley, Acting Asst. Atty. Gen., Lawrence M. Henry, U. S. Atty., and Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., with him on brief), for appellant.

Charles E. Matheson, Denver, Colo., for appellee.

Before WOODBURY, LEWIS and HICKEY, Circuit Judges.


HICKEY, Circuit Judge.

This appeal in bankruptcy arises out of the assertion by the United States of a claim to recover storage charges paid on wheat held pursuant to a Uniform Grain Storage Agreement with the bankrupt, Cheyenne Wells Elevator Corporation. Cheyenne Wells converted wheat held under the agreement. The trial court denied the claim in a bankruptcy proceeding and Commodity appeals.

Pursuant to the agreement, Commodity deposited wheat with Cheyenne...

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