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MENIER v. UNITED STATES

No. 24704.

405 F.2d 245 (1968)

Vincent J. MENIER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 5, 1968.

Attorney(s) appearing for the Case

Jay Sam Levey, San Antonio, Tex., for appellant.

Andrew L. Jefferson, Jr., Reece L. Harrison, Jr., Asst. U. S. Attys., San Antonio, for appellee.

Before TUTTLE, GEWIN and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

The appellant was denied relief under Fed.R.Civ.P. 60(b) from a judgment entered against him by default in favor of the United States. The decision of the district court is reversed.

In August, 1962 the government sued appellant as guarantor of a note,1 alleging that he and the maker were notoriously insolvent. It claimed priority as to assets mortgaged as security and other assets as well of both appellant...

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