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UNITED STATES v. CHRISTENSEN

Civ. Nos. 320, 417.

218 F.Supp. 722 (1963)

UNITED STATES of America, Plaintiff, v. C. O. CHRISTENSEN and J. R. Christensen, individually and as co-partners, dba Christensen Plumbing & Heating, Verda Veronica Christensen, wife of Clarence Oliver Christensen, Mary Ann Christensen, wife of James Robert Christensen, Northern Plumbing & Heating Co., formerly Christensen Plumbing & Heating Co., a Wyoming corporation, and Yellowstone County, Defendants. UNITED STATES of America, Plaintiff, v. The ROUNDUP MINING COMPANY, a Montana corporation, Viola M. Johnson, a widow, the Unknown Heirs and Devisees of Walter J. Johnson, deceased, Nation Wide Mining Co., a corporation, Marmon-Harrington Company, Inc., a corporation, Clement W. Johnson, Musselshell County, the State of Montana, David W. Williams, Defendants.

United States District Court D. Montana, Billings Division.

July 3, 1963.

Attorney(s) appearing for the Case

Moody Brickett, U. S. Atty., and Clifford E. Schleusner, Asst. U. S. Atty. for the District of Montana, for plaintiff.

William J. Speare, County Atty., for defendant Yellowstone County.

Thomas M. Ask, County Atty., for defendant Musselshell County.

JAMESON, District Judge.

These actions were instituted to foreclose mortgages held by Small Business Administration. Motions for summary judgment have been filed, by Yellowstone County, Montana, in Cause No. 320, and by Musselshell County, Montana, in Cause No. 417. Both motions raise the same issues with respect to the relative priority of mortgage liens of Small Business Administration (SBA) and liens for taxes, penalties and interest assessed by the respective...

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