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UNITED STATES v. KIMBELL FOODS, INC.

No. 77-1359.

440 U.S. 715 (1979)

99 S.Ct. 1448

59 L.Ed.2d 711

UNITED STATES v. KIMBELL FOODS, INC., ET AL.

Supreme Court of United States.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Deputy Solicitor General Barnett argued the cause for the United States in both cases. With him on the briefs were Solicitor General McCree, Assistant Attorney General Babcock, Deputy Solicitor General Easterbrook, Marion L. Jetton, and Thomas G. Wilson.

Vernon O. Teofan argued the cause for respondents in No. 77-1359. With him on the brief was A. L. Vickers. Howell Hollis III argued the cause and filed a brief for respondent in No. 77-1644.†

MR. JUSTICE MARSHALL delivered the opinion of the Court.

We granted certiorari in these cases to determine whether contractual liens arising from certain federal loan programs take precedence over private liens, in the absence of a federal statute setting priorities.1 To resolve this question, we must decide first whether federal or state law governs the controversies; and second, if federal law applies, whether this Court should fashion...

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