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UNITED STATES v. TOPEKA LIVESTOCK AUCTION, INC.

Civ. No. 73 F 73.

392 F.Supp. 944 (1975)

UNITED STATES of America, Plaintiff, v. TOPEKA LIVESTOCK AUCTION, INC., Defendant and Third-party Plaintiff, v. William D. BULT and Esther M. Bult, Third-party Defendants.

United States District Court, N. D. Indiana, Fort Wayne Division.

February 7, 1975.

Attorney(s) appearing for the Case

John Wilks, U. S. Atty., Charles W. Larmore, Charles F. Leonard, Asst. U. S. Attys., Fort Wayne, Ind., for United States of America.

Dann L. Goode, Kansas City, Mo., Paul C. Raver, Sr., Fort Wayne, Ind., for Topeka Livestock Auction, Inc.

Thomas A. Withrow, Indianapolis, Ind., Stephen R. Lea, Phoenix, Ariz., Donald B. Steininger, Fort Wayne, Ind., for William D. Bult and Esther M. Bult.

MEMORANDUM OF DECISION AND ORDER

ESCHBACH, Chief Judge.

This is a tort action by plaintiff United States against defendant Topeka Livestock Auction. The complaint charges that defendant as auctioneer sold certain livestock in which plaintiff held a security interest. The livestock sold was security for loans extended by the Farmers Home Administration (FHA) to the owners of the livestock, William and Esther Bult. As these loans are now in default, the sale...

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