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BUTNER v. UNITED STATES

No. 77-1410.

440 U.S. 48 (1979)

BUTNER v. UNITED STATES ET AL.

Supreme Court of United States.

Decided February 21, 1979.

Attorney(s) appearing for the Case

J. Steven Brackett argued the cause for petitioner. With him on the brief were J. Richardson Rudisill, Jr., and William E. Butner, pro se.

Allan A. Ryan, Jr., argued the cause for the United States. On the brief were Solicitor General McCree, Assistant Attorney General Ferguson, Stuart A. Smith, Crombie J. D. Garrett, and Carleton D. Powell. Joe N. Cagle, pro se, argued the cause for respondents Cagle et al. With him on the brief were J. Carroll Abernethy, Jr., and James M. Gaither, Jr.

MR. JUSTICE STEVENS delivered the opinion of the Court.

A dispute between a bankruptcy trustee and a second mortgagee over the right to the rents collected during the period between the mortgagor's bankruptcy and the foreclosure sale of the mortgaged property gave rise to the question we granted certiorari to decide. 436 U.S. 955. That question is whether the right to such rents is determined by a federal rule of equity or by the law of the State where the property...

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