United States v. Southern Growth Industries, Inc.

Littlejohn, Justice.

Clifford F. Gaddy, Jr., is the state court receiver of an insolvent small business investment company called “Southern Growth Industries, Inc.,” hereinafter referred to as “Southern.” This litigation arises because the United States of America filed a petition within the receivership action against the receiver and against John H. Mauldin. Both the petitioner and Mauldin are judgment creditors of Southern, and the dispute is actually between these two on a question of priority. The receiver takes no position and awaits the order of the court.

The facts are not in dispute.…