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TRAVELERS INSURANCE COMPANY v. LAWRENCE

No. 73-1812.

509 F.2d 83 (1974)

TRAVELERS INSURANCE COMPANY, a Connecticut Corporation, Plaintiff-Appellant, v. M. T. LAWRENCE, Jr., et al., Defendants-Appellants, and Everett R. Langford, United States Marshal for the District of Oregon, Appellee, and Wolfsen M. C. Ranch, a limited partnership, Assignee of Judgments and Purchaser at Marshal's Sale, Appellant.

United States Court of Appeals, Ninth Circuit.

December 23, 1974.

Attorney(s) appearing for the Case

John H. Buttler (argued), Cake, Hardy, Buttler, McEwen & Weiss, Portland, Or., for plaintiff-appellant.

Kathryn H. Baldwin, Atty. (argued), Dept. of Justice, Civ. Div., Washington, D. C., for appellee.

Before KILKENNY and SNEED, Circuit Judges, and JAMESON, District Judge.

OPINION

JAMESON, District Judge:

Appellants, the plaintiff and defendants in an action to foreclose a mortgage on real property and the purchaser at foreclosure sale, challenge the validity of a commission of appellee, the United States Marshal for the District of Oregon, in the amount of $75,765, taxed as costs for selling the property pursuant to the decree of foreclosure. The commission was computed pursuant to 28 U.S.C. § 1921. The appeal is from...

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