The United States of America v. White Bear Brewing Co., Inc., and Chicago Title and Trust Company as Trustee

FINNEGAN, Circuit Judge.

Defendant White Bear Brewing Co., Inc., is the record title-holder of property which the government, as plaintiff, by its action, filed below, would have sold, and the proceeds distributed. Chicago Title and Trust Company is a co-defendant in its capacity under defendant’s purchase-money mortgage in trust deed form.

Defendant filed a motion to dismiss the government’s complaint, and as the district judge cogently summarized this aspect of the record: “The defendant has filed with its motion an affidavit setting forth additional facts, and plaintiff has in its brief…