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IN RE METZGER

No. 81-1619.

709 F.2d 32 (1983)

In re: Michael H. METZGER, Claimant. UNITED STATES of America, Plaintiff-Appellee, v. Alan Henry CULBERT, Defendant, Michael H. Metzger, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1983.

Attorney(s) appearing for the Case

Sean M. Rhatican, Richard L. Carico, Winokur, Maier, Zang, Spalding & Carico, Judd C. Iversen, San Francisco, Cal., for claimant-appellant.

Kimberly A. Reiley, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before ANDERSON and REINHARDT, Circuit Judges, and JAMESON, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

This case involves a dispute over the proceeds from the sale of the fishing vessel Jeannie S. II. The United States claims a priority by statute, 31 U.S.C. § 3713 (formerly 31 U.S.C. § 191, see footnote 1). Metzger claims a superior right by acquisition of a prior interest.

I. OVERVIEW

Metzger provided legal assistance to his client in the form of criminal defense representation for several related...

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