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UNITED STATES v. SOUTHLAND PROVISION COMPANY

No. 69-627-Civ-J.

320 F.Supp. 1089 (1970)

UNITED STATES of America, Plaintiff, v. SOUTHLAND PROVISION COMPANY, Gainesville Livestock Market, Inc., and C. E. Mills, Defendants. GAINESVILLE LIVESTOCK MARKET, INC., and C. E. Mills, Third-Party Plaintiffs, v. James E. SIMMONS and Barbara F. Simmons, his wife, Third-Party Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

December 15, 1970.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Jacksonville, Fla., Joseph W. Hatchett, Asst. U. S. Atty., for plaintiff.

Alan B. Fields, Jr., Dowda, Miller & Hedstrom, Palatka, Fla., for Southland Provision Co.

L. William Graham, Lazonby, Dell, Graham, Willcox & Barber, Gainesville, Fla., for Gainesville Livestock Market, Inc., and C. E. Mills.

William Farris McGee, Bunnell, Fla., for James E. Simmons and Barbara F. Simmons.

ORDER

CHARLES R. SCOTT, District Judge.

This is a suit by the United States of America to recover for alleged conversion of personal property. The government contends that the defendants did receive and sell, for the account of James E. and Barbara F. Simmons, certain chattels; namely: hogs, which were subject to a recorded mortgage held by the government. The original promissory note executed by the Simmonses, and later secured by the mortgage, remains...

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