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PERCIVAL CONST. CO. v. MILLER & MILLER AUCTIONEERS

Nos. 75-1111, 75-1112.

532 F.2d 166 (1976)

PERCIVAL CONSTRUCTION CO., Plaintiff-Appellant and Cross-Appellee, v. MILLER & MILLER AUCTIONEERS, INC., Defendant-Counterclaimant and Appellee, v. P & A CONSTRUCTION COMPANY, INC., et al., Counterdefendants and Appellees, v. UNITED STATES of America, Counterdefendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 26, 1976.

Attorney(s) appearing for the Case

Charles W. Stubbs, of Stubbs, Stiner & Pace, Oklahoma City, Okl. (William S. Ruggiero, with him on the brief), for plaintiff-appellant, and cross-appellee, Percival Const. Co.

Joseph M. McManus, Atty., Tax Div., Dept. of Justice, Washington, D.C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews and Gary R. Allen, Attys., Tax Div., Dept. of Justice, Washington, D.C. and William R. Burkett, U. S. Atty., Oklahoma City, Okl., of counsel, with him on the brief), for counterdefendant-appellee, and cross-appellant, United States.

Charles W. Mooney, Jr., Oklahoma City, Okl. (Clyde A. Muchmore, and Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., with him on the brief), for counterdefendant and appellee, Stock Yards Bank.

Rufus S. Garrett, Jr., of Garrett, Settle & Callaway, Fort Worth, Tex. (Shirk, Withington, Work & Robinson, Oklahoma City, Okl., with him on the brief), for defendant-counterclaimant and appellee, Miller & Miller Auctioneers, Inc.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

SETH, Circuit Judge.

This action concerns the right to proceeds from an auction sale of contractor's equipment. A claimant brought suit for the proceeds against the auction company which in turn brought in other claimants including a lien claimant, the United States.

The issues center on the application of the Oklahoma Uniform Commercial Code to the transaction whereby P & A Construction Company initially acquired possession and use of the equipment auctioned...

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