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BRODIE HOTEL SUPPLY, INC. v. UNITED STATES

No. 25702.

431 F.2d 1316 (1970)

BRODIE HOTEL SUPPLY, INC., Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Ninth Circuit.

September 23, 1970.

Attorney(s) appearing for the Case

Robert V. Zener (argued), Atty., Dept. of Justice, Wm. D. Ruckelshaus, Asst. Atty. Gen., Civil Division, Washington, D. C., Douglas B. Bailey, U. S. Atty., Anchorage, Alaska, for appellant.

R. E. Harris (argued), Jensen & Harris, Anchorage, Alaska, for appellee.

Before CHAMBERS, HAMLEY and KILKENNY, Circuit Judges.

HAMLEY, Circuit Judge:

Brodie Hotel Supply, Inc. (Brodie), brought this action against the United States to determine which of the parties had priority, under their respective chattel mortgages, to the proceeds of the sale of certain restaurant equipment. The facts were stipulated and the property was sold and proceeds impounded by agreement. The district court granted summary judgment for Brodie and the United States appeals.

In 1959, Brodie sold the restaurant...

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