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DIRECTOR OF REVENUE, STATE OF COLORADO v. UNITED STATES

No. 9640.

392 F.2d 307 (1968)

DIRECTOR OF REVENUE, STATE OF COLORADO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 1, 1968.

Attorney(s) appearing for the Case

John E. Bush, Denver, Colo., (Duke W. Dunbar and Frank E. Hickey, Denver, Colo., with him on brief), for appellant.

William Kanter, Washington, D. C. (Edwin L. Weisl, Jr., New York City, Lawrence M. Henry, Denver, Colo., and John C. Eldridge, Washington, D. C., with him on brief), for appellee.

Before MURRAH, Chief Judge, and LEWIS and HILL, Circuit Judges.

MURRAH, Chief Judge.

In this suit by the United States to foreclose a Small Business Administration chattel mortgage, the only contest is between the United States and the State of Colorado over lien priorities. The state appeals from the judgment adjudicating the priorities in favor of the United States. The United States raises the question of timeliness of the appeal, but invites us to ignore it for decision on the merits. Of course, we cannot do that, for if the...

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