HILL v. WHITLOCK OIL SERVICES, INC.

No. 465-70.

450 F.2d 170 (1971)

Houston B. HILL et al., Plaintiffs, v. WHITLOCK OIL SERVICES, INC., et al., Defendants, Hutchinson National Bank and Trust Company, Defendant, Cross-claimant and Appellee, United States Marshal for the District of Kansas, Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 8, 1971.


Attorney(s) appearing for the Case

D.C. Martindell of Martindell, Carey, Hunter & Dunn, Hutchinson, Kan., for Hutchinson Nat. Bank and Trust Co., appellee.

Ronald R. Glancz, Atty., Dept. of Justice (L. Patrick Gray, III, Asst. Atty. Gen., Robert J. Roth, U.S. Atty., and Morton Hollander, Atty., Dept. of Justice, on the brief), for United States Marshal for the District of Kansas, appellant.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.


BREITENSTEIN, Circuit Judge.

The question presented is the right of a United States Marshal to receive a commission of $117.81 for selling a parcel of Kansas land under order of a federal district court. The court denied the commission and the Marshal has appealed.

A diversity action was brought to quiet title to various tracts of land. A defendant, Hutchinson National Bank and Trust Company, mortgagee of one parcel, filed a cross-claim for foreclosure. A...

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