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BURRUS v. OKLAHOMA TAX COM'N

No. CIV-93-152-T.

850 F.Supp. 963 (1993)

Vernon V. BURRUS and Letha L. Burrus, husband and wife, Plaintiffs, v. OKLAHOMA TAX COMMISSION, and the United States of America, Defendants.

United States District Court, W.D. Oklahoma.

December 17, 1993.

Attorney(s) appearing for the Case

Daniel E. McMahan, Ivester Braddock & McMahan, Altus, OK, for plaintiffs.

Robert B. Struble, Oklahoma City, OK, for defendant.

MEMORANDUM OPINION AND ORDER

RALPH G. THOMPSON, District Judge.

Before the court is defendant United States of America's motion for summary judgment. Defendant Oklahoma Tax Commission (OTC) filed a cross-motion for summary judgment. The issue at hand is the relative priority of each defendant's tax lien in this interpleader action brought to quiet title to Oklahoma property that was previously a homestead. The facts are not in dispute:

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