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UNITED STATES v. PETTY MOTOR CO.

No. 83-1724.

767 F.2d 712 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. PETTY MOTOR COMPANY, Defendant-Appellee, and Colonial Ford, Incorporated, et al., Defendants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 13, 1985.

Attorney(s) appearing for the Case

Charles T. Myers, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Brent D. Ward, U.S. Atty., Dist. of Utah, Salt Lake City, Utah, and William G. Kanter, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., with him on the briefs), for plaintiff-appellant.

Wayne G. Petty of Moyle & Draper, P.C., of Salt Lake City, Utah, for defendant-appellee.

Before LOGAN, DOYLE and MOORE, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This is an appeal by the United States from an order of the District Court of Utah denying the United States marshal a commission for services related to sale of real property pursuant to a judicial foreclosure of a real estate mortgage. The purchaser, Petty Motor Company (Petty), paid no cash for the subject property, but by agreement of the interested parties, bid the amount of the indebtedness (including the mortgage amount) at the...

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