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UNITED STATES v. SAGE

No. 75-1316.

566 F.2d 1114 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. S. M. SAGE, trustee in bankruptcy for Guy O. Foss, Defendant-Appellants, National Bank of Commerce of Seattle and John Maddex, Defendant-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 26, 1978.

Attorney(s) appearing for the Case

Gerald C. Smith, of Fitzgerald, Abbott & Beardsley, Oakland, Cal., Bruce T. Thurstoj, of Ritchie & Thurston, Seattle, Wash., for defendant-appellants.

John Maddex, pro se.

Before HUFSTEDLER, SNEED and KENNEDY, Circuit Judges.

PER CURIAM:

This is an action in interpleader brought by the United States to determine the rights of John Maddex and of S. M. Sage, trustee in bankruptcy for Guy O. Foss. Each claims the surplus proceeds of about $7,500 from the tax sale of Foss's yacht "Princess Mary," sold by the Internal Revenue Service to Maddex for $27,500, pursuant to 26 U.S.C. § 6335.

The government's tax lien was junior to a mortgage held by Marc Venable. Maddex paid $15,000...

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