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UNITED STATES v. CLEARFIELD STATE BANK

Nos. 73-1703, 73-1774.

497 F.2d 356 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. CLEARFIELD STATE BANK, Defendant-Appellee. UNITED STATES of America, Petitioner, v. Honorable Aldon J. ANDERSON, Judge, United States District Court for the District of Utah, Respondent.

United States Court of Appeals, Tenth Circuit.

June 7, 1974.

Attorney(s) appearing for the Case

David English Carmack, Tax Div., Dept. of Justice, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen. Meyer Rothwacks and Crombie J. D. Garrett, Washington, D. C., on the brief), for plaintiff-appellant and petitioner.

Richard W. Campbell, Ogden, Utah, for defendant-appellee and respondent.

Before CLARK, Justice ; HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

The question presented by this consolidated appeal and application for a writ of mandamus is whether a district court's order granting summary judgment is a final judgment.

In 1963 the M & S Construction & Engineering Company (taxpayer) borrowed funds from appellee Clearfield State Bank to finance a construction project, giving promissory notes for the loans. Taxpayer subsequently became insolvent, was unable to complete its work...

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