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UNITED STATES v. CHAPPELL LIVESTOCK AUCTION, INC.

No. 74-1618.

523 F.2d 840 (1975)

UNITED STATES of America, Appellant, v. CHAPPELL LIVESTOCK AUCTION, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 29, 1975.

On Rehearing September 29, 1975.

Attorney(s) appearing for the Case

William K. Schaphorst, U. S. Atty.; Daniel E. Wherry, Asst. U. S. Atty., Lincoln, Neb. and Roger L. Sherman, Atty., U. S. Dept. of Agriculture, Shawnee Mission, Kan., for appellant.

Cline, Williams, Wright, Johnson & Oldfather, Lincoln, Neb., for appellee.

Before HEANEY and WEBSTER, Circuit Judges, and NANGLE, District Judge.

On Rehearing En Banc September 29, 1975.

HEANEY, Circuit Judge.

This case was submitted to the District Court on stipulated facts. The United States loaned money to farmers through the Farmers Home Administration, taking a security interest in cattle. Financing statements were duly filed. Defendant auctioneer sold five head of encumbered cattle on behalf of the farmers, and the United States sued the auctioneer for common law conversion. The auctioneer defended...

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