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DRAGSTREM v. OBERMEYER

No. 75-1531.

549 F.2d 20 (1977)

Howard DRAGSTREM, Plaintiff-Appellee, v. Richard E. OBERMEYER et al., Defendants, United States of America, Intervenor-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 14, 1977.

Rehearing Denied March 15, 1977.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Wynette J. Hewett, Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for intervenor-appellant.

Albert Bonner Brown, P. Martin Lake, Marion, Ind., for plaintiff-appellee.

Before FAIRCHILD, Chief Circuit Judge, BAUER, Circuit Judge, and PARSONS, Chief District Judge.

BAUER, Circuit Judge.

In this case we must determine whether a federal tax lien has priority over an unperfected security interest in proceeds deposited as an interpleaded fund. The notice of the tax lien was filed after the holder of the fund petitioned the court for authority to deposit the fund, but before the court authorized its deposit. The district court gave priority to the security interest. We reverse.

I...

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