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U.S.A. v. SOUTHERN GROWTH INDUSTRIES, INC.

18819

251 S.C. 404 (1968)

162 S.E.2d 849

UNITED STATES of America, Appellant, v. SOUTHERN GROWTH INDUSTRIES, INC., by its Receiver, Clifford F. Gaddy, Jr., and John H. Mauldin, Respondents.

Supreme Court of South Carolina.

August 14, 1968.

Attorney(s) appearing for the Case

Messrs. Edwin L. Weisl, Jr., Assistant Attorney General, of Washington, D.C., Klyde Robinson, United States Attorney, of Columbia, Robert O. Dupre, Assistant United States Attorney, of Greenville, and John C. Elridge and Walter H. Fleischer, Attorneys, Department of Justice, of Washington, D.C., for Appellant.

Wm. Byrd Traxler, Esq. of Greenville, for Respondent, John H. Mauldin.

Messrs. Edwin L. Weisl, Jr., Assistant Attorney General, of Washington, D.C., Klyde Robinson, United States Attorney, of Columbia, Robert O. Dupre, Assistant United States Attorney, of Greenville and John C. Eldrige and Walter H. Fleischer, Attorneys, Department of Justice, of Washington, D.C. for Appellant, in Reply.

August 14, 1968.

LITTLEJOHN, Justice.

Clifford F. Gaddy, Jr., is the state court receiver of an insolvent small business investment company called "Southern Growth Industries, Inc.," hereinafter referred to as "Southern." This litigation arises because the United States of America filed a petition within the receivership action against the receiver and against John H. Mauldin. Both the petitioner and Mauldin are judgment creditors of Southern, and the dispute...

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