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UNITED STATES v. CLOVER SPINNING MILLS COMPANY

No. 10529.

373 F.2d 274 (1966)

UNITED STATES of America, Appellant, v. CLOVER SPINNING MILLS COMPANY, Inc., South Carolina Employment Security Commission, South Carolina Tax Commission, and The County Treasurer of York, South Carolina, and the Town of Clover, South Carolina, Appellees.

United States Court of Appeals Fourth Circuit.

Decided December 9, 1966.

Attorney(s) appearing for the Case

John C. Eldridge, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., and Morton Hollander, Atty., Dept. of Justice, and John C. Williams, U. S. Atty., on brief), for appellant.

Joseph C. Coleman, Asst. Atty. Gen. of South Carolina (Daniel R. McLeod, Atty. Gen. of South Carolina, on brief), for appellee South Carolina Tax Commission.

Nolen L. Brunson, Rock Hill, S. C. (John M. Spratt, York, S. C., James M. Dickson, Clover, S. C., and Hayes, Hayes & Brunson, Rock Hill, S. C., on brief), for appellees County Treasurer of York, S. C., and Town of Clover, S. C.

Before BOREMAN, J. SPENCER BELL and WINTER, Circuit Judges.

J. SPENCER BELL, Circuit Judge:

The United States appeals from an order of the district court. In 1959, Clover Spinning Mills Company, Inc., a Delaware corporation with its principal place of business at Clover, South Carolina, borrowed $300,000.00 from the Small Business Administration, evidenced by a note secured by two mortgages. One mortgage covered the real estate and the other the chattels of the mortgagor corporation located in the town of Clover, York County...

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