HOARE v. UNITED STATES

No. 17162.

294 F.2d 823 (1961)

Frances E. HOARE, Surviving Widow of Joseph A. Hoare, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 21, 1961.


Attorney(s) appearing for the Case

Kenneth S. Treadwell, of Miracle, Treadwell & Pruzan, Seattle, Wash., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Fred E. Youngman and C. Guy Tadlock, Attys., Dept. of Justice, Washington, D. C., Charles P. Moriarty, U. S. Atty., and Joseph C. McKinnon, Asst. U. S. Atty., Seattle, Wash., for appellee.

Before CHAMBERS, HAMLEY and HAMLIN, Circuit Judges.


HAMLEY, Circuit Judge.

The question here presented is whether under the circumstances of this case a government tax lien has priority over a chattel mortgage given by the tax debtors as security for the performance of a lease.

The referee in bankruptcy held that the tax lien had priority. The district court confirmed that determination. The surviving widow representing the lessors-mortgagees has appealed. For the reasons indicated below we hold that the chattel...

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