MILLER & MILLER AUCTION., INC. v. G. W. MURPHY INDUS., INC.

No. 72-1220.

472 F.2d 893 (1973)

MILLER & MILLER AUCTIONEERS, INC., Plaintiff-Appellee, v. G. W. MURPHY INDUSTRIES, INC., Defendant-Appellant, Willey Drilling, Inc., et al., Defendants-Appellees, United States of America and Roy C. Baker, Intervening Defendants-Appellees, James C. Willey, B & W Drilling, a partnership, and Converse County Bank, Additional Defendants on Cross-Claims-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 17, 1973.

Rehearing Denied March 13, 1973.


Attorney(s) appearing for the Case

Donald R. Winship, Casper, Wyo., for defendant-appellant.

Rufus S. Garrett, Jr., Fort Worth, Tex., for plaintiff-appellee.

Ernest J. Brown (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Crombie J. D. Garrett, David English Carmack, Tex Div., Dept. of Justice, Washington, D. C., Richard V. Thomas, U. S. Atty., Tosh Suyematsu, Asst. U. S. Atty., Cheyenne, Wyo., on the brief), for the intervening defendant-appellee United States.

Before PHILLIPS, HILL and HOLLOWAY, Circuit Judges.


HILL, Circuit Judge.

This is an appeal from an interpleader action denying appellant Murphy Industries, Inc. (Murphy) relief against appellee, Miller & Miller Auctioneers, Inc. (Miller) for allegedly distributing auction sale proceeds in a manner prejudicial to Murphy. Appellant contends Miller wrongfully distributed the auction proceeds after being notified the seller's property had been garnished in a Wyoming state court garnishment proceeding.

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