UNITED STATES v. ED LUSK CONSTRUCTION COMPANY, INC.

No. 74-1125.

504 F.2d 328 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. ED LUSK CONSTRUCTION COMPANY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 23, 1974.


Attorney(s) appearing for the Case

Gary R. Allen, Atty., Tax Div., Dept. of Justice, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Ernest J. Brown, Jonathan S. Cohen, and Daniel F. Ross, Attys., Tax Div., Dept. of Justice, Washington, D. C., and Richard A. Pyle, U. S. Atty., and Edwin L. Gage, Asst. U. S. Atty., Muskogee, Okl., with him on the brief) for plaintiff-appellant.

Joe H. Kennedy, Muskogee, Okl. (Kennedy, Kennedy & Wright, Muskogee, Okl., with him on the brief), for defendants-appellees.

Before LEWIS, Chief Judge, SETH, Circuit Judge, and CHRISTENSEN, Senior District Judge.


PER CURIAM.

This is an appeal from a judgment of the district court which held that an unperfected security interest had priority over a subsequent valid federal tax lien on the theory of constructive notice on the part of the Government.

The taxpayer, a corporation which kept its business records in Washington County, Arkansas, entered into a contract with the City of Muskogee, Oklahoma, for the performance of certain construction work. The taxpayer assigned...

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