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WILLOW CREEK LUMBER v. PORTER COUNTY PLUMBING & HEATING

Nos. 77-1536, 77-1537.

572 F.2d 588 (1978)

WILLOW CREEK LUMBER CO., INC., Plaintiff-Counterdefendant-Appellant, and T. T. & A., Inc., Plaintiff-Counterdefendant, v. PORTER COUNTY PLUMBING & HEATING, INC., and AAA Electric, Inc., Defendants-Appellants, and United States of America, Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 16, 1978.

Rehearing Denied April 20, 1978.

Attorney(s) appearing for the Case

Edward J. Hussey, Gary, Ind., Ronald P. Nelson, Valparaiso, Ind., for appellant.

Michael F. Hertz, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., David T. Ready, U. S. Atty., South Bend, Ind., Andrew B. Baker, Jr., Asst. U. S. Atty., Hammond, Ind., for appellee.

Before TONE and BAUER, Circuit Judges, and CAMPBELL, Senior District Judge.

Rehearing In Banc Denied April 20, 1978.

TONE, Circuit Judge.

This is an appeal under 28 U.S.C. § 1292(b) by holders of mechanics' liens on property that is also subject to the lien of a mortgage held by the United States as assignee. The issue is whether the federal lien is entitled to priority, as the District Court held. We hold that it is and therefore affirm.

Commencing in March 1972 and continuing until February 1974, the mechanic's lien...

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