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TRAVELERS INSURANCE COMPANY v. LAWRENCE

Civ. No. 71-789.

355 F.Supp. 98 (1973)

TRAVELERS INSURANCE COMPANY, a Connecticut corporation, Plaintiff, v. M. T. LAWRENCE, Jr., et al., Defendants.

United States District Court, D. Oregon.

January 26, 1973.

Attorney(s) appearing for the Case

John H. Buttler, Cake, Jaureguy, Hardy, Buttler & McEwen, Portland, Or., for plaintiff.

Ernest Bonyhadi, Rives, Bonyhadi & Hall, Portland, Or., for M. T. Lawrence, Jr., and N. W. Cattle & Resources, Inc.

William M. McAllister, Charles F. Hinkle, Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for Nevada Nat. Bank.

Sidney I. Lezak, U. S. Atty., Joseph E. Buley, Asst. U. S. Atty., Portland, Or., for the United States Marshal.

MEMORANDUM OPINION

ALFRED T. GOODWIN, Circuit Judge:

Travelers Insurance Company has foreclosed a $3,500,000 mortgage on a cattle ranch, and, with other parties interested in the mortgaged property, now objects to the assessment under 28 U.S. C. § 1921 of the fee for the United States Marshal for conducting the foreclosure sale.

The matter has been extensively briefed and argued, because the fee, if taxable as costs, comes to $75,765.00. The...

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