IN RE MURDOCK MACH. & ENG. CO. OF UTAH

No. 78-1547.

620 F.2d 767 (1980)

In re MURDOCK MACHINE AND ENGINEERING CO. OF UTAH, Bankrupt. RAMCO STEEL, INC., Plaintiff-Appellee, v. Lindsey KESLER, Trustee, Defendant-Appellee, and United States of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 1, 1980.


Attorney(s) appearing for the Case

Glen E. Clark of Fabian & Clendenin, Salt Lake City, Utah, for plaintiff-appellee.

Krege B. Christensen and David S. Dolowitz of Parsons, Behle & Latimer, Salt Lake City, Utah, for defendant-appellee.

Sara Sun Beale, Asst. Sol. Gen., Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah and William G. Kanter, Atty., App. Staff, Civil Division, Dept. of Justice, Washington, D. C., with her on brief), for defendant-appellant.

Before SETH, Chief Judge, McWILLIAMS and BARRETT, Circuit Judges.


BARRETT, Circuit Judge.

The United States appeals from a judgment of the District Court, which affirmed the judgment of the Bankruptcy Court. The Bankruptcy Court dismissed the government's counterclaim for possession of certain cold drawn bar steel and awarded possession of the steel to appellee Ramco Steel, Inc. (Ramco).

Factual and Procedural Background

Ramco sold the steel on credit to Murdock Machine and Engineering Company of Utah (Murdock...

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