United States v. James E. Wagner, Trustee in Bankruptcy

HICKEY, Circuit Judge.

This appeal in bankruptcy arises out of the assertion by the United States of a claim to recover storage charges paid on wheat held pursuant to a Uniform Grain Storage Agreement with the bankrupt, Cheyenne Wells Elevator Corporation. Cheyenne Wells converted wheat held under the agreement. The trial court denied the claim in a bankruptcy proceeding and Commodity appeals.

Pursuant to the agreement, Commodity deposited wheat with Cheyenne Wells and the wheat was warehoused on a commingled basis with wheat deposited by others. When the wheat was deposited Commodity received…