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UNITED STATES v. CITY OF ALBUQUERQUE, NEW MEXICO

No. 72-1054.

465 F.2d 776 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, NEW MEXICO, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 9, 1972.

Attorney(s) appearing for the Case

Ronald R. Glancz, Atty., Dept. of Justice (L. Patrick Gray, III, Asst. Atty. Gen., Victor R. Ortega, U. S. Atty., and Walter H. Fleischer, Atty., Dept. of Justice, on the brief), for plaintiff-appellant.

Thomas J. McMahon, Asst. City Atty., Albuquerque, N. M., for defendant-appellee.

Before BREITENSTEIN, HILL and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is a foreclosure proceeding in which plaintiff, United States — Small Business Administration, seeks to realize on the security for its loan. The interests of the borrowers are not here involved. The contest is between the Small Business Administration and the City of Albuquerque. The City has asserted its claim against the property based on charges for sewer, water and street improvements on the property. Thus the single...

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