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PASKOW v. CALVERT FIRE INS. CO.

No. 76-3179.

579 F.2d 949 (1978)

Jonathan PASKOW, as Trustee, Plaintiff-Appellee, v. CALVERT FIRE INSURANCE COMPANY et al., Defendants, United States of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 11, 1978.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Miami, Fla., Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Chief, App. Section, Crombie J. D. Garrett, Michael J. Roach, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Gars & Dixon, Robert Dixon, Miami, Fla., for plaintiff-appellee.

J. V. Crockett, III, Civ. Trial Section, Southern Region, Tax Div., Dept. of Justice, Washington, D. C., Corlett, Merritt, Killian & Sikes, Miami, Fla., for Calvert, etc.

Morton R. Goudiss, Miami Beach, Fla., for N. York Bakeries.

Friedman, Britton & Stettin, Miami, Fla., for I. F. S. Food Services Corp.

Arthur D. Frishman, Miami Beach, Fla., for Norman J. Harris.

Myers, Kaplan, Levinson & Kenin, Miami, Fla., for 2500 Town Corp.

Broad & Cassel, Bay Harbor Islands, Fla., David S. Kenin, Miami, Fla., for American Savings & Loan Assn. of Florida.

Before GEWIN, GODBOLD and MORGAN, Circuit Judges.

GODBOLD, Circuit Judge:

The Algiers Hotel was damaged by fire. The building and some personal property in the building were mortgaged and were covered by insurance. This is a dispute over a portion of the insurance fund relating to personal property. The United States claims the fund by virtue of a tax lien filed against the mortgagor, while the mortgagee claims, first, that the tax lien cannot attach to the fund because the fund is not property belonging to the mortgagor...

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