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T. H. ROGERS LUMBER COMPANY v. APEL

No. 72-1177.

468 F.2d 14 (1972)

The T. H. ROGERS LUMBER COMPANY, Plaintiff-Appellee, v. James Bruce APEL et al., Defendants, and United States of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 16, 1972.

Attorney(s) appearing for the Case

Tom Shaw, Madill, Okl., of Pierce, Couch, Hendrickson, Gust & Short, Oklahoma City, Okl., for plaintiff-appellee, The T. H. Rogers Lumber Co.

Don Welch, Jr., Oklahoma City, Okl., for defendant-appellee, Parrish Electric and Plumbing.

Ronald R. Glancz, Atty., Dept. of Justice (Harlington Wood, Jr., Asst. Atty. Gen., Richard A. Pyle, U. S. Atty., and Walter H. Fleischer, Atty., Dept. of Justice, on the brief), for defendant-appellant, the United States.

Before JONES, Senior Circuit Judge, and SETH and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The proceeding before us was commenced in the District Court of Marshall County, Oklahoma. Suit was there filed by The T. H. Rogers Lumber Company. Named as defendants were the Apels, together with the United States of America, ex rel. Farmers Home Administration and Parrish Electric and Plumbing. The relief sought by Rogers was judgment on a certain debt allegedly owed by the Apels, together with a declaratory judgment that its materialmen...

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