Legal Opinion

Southwest Engine Company, a Corporation v. United States

Court of Appeals for the Tenth Circuit

Decided January 23, 1960No. 6237PublishedCited by 27 opinions

1Opinion of the Court

WALLACE, District Judge.

The appellant urges that inasmuch as its mechanic’s lien, as a matter of law, had priority over appellee’s chattel mortgage, the district court erred in sustaining appellee’s motion for summary judgment.

The facts are undisputed. In December of 1956, the Manganese Corporation of Arizona procured a loan from the Small Business Administration; 1 the note given to SBA was secured by a chattel mortgage, embracing specified personalty owned and used by Manganese in its mining operation, which mortgage was recorded in Socorro County, New Mexico, on December 7,1956. In October…

2Cases cited5 opinions

  1. United States v. City of New BritainSupreme Court of the United States · 1954
  2. United States v. County of AlleghenySupreme Court of the United States · 1944
  3. United States v. Ringwood Iron Mines, Inc., the Borough of Ringwood, and State of New Jersey, Borough of RingwoodCourt of Appeals for the Third Circuit · 1958
  4. Universal Credit Co. v. PrintyNew Mexico Supreme Court · 1941
  5. Maulhardt v. JD Coggins CompanyNew Mexico Supreme Court · 1955

3Cited by27 opinions

  1. Director of Revenue, State of Colorado v. United StatesCourt of Appeals for the Tenth Circuit · 1968
  2. W. T. Jones and Company, Incorporated, and Noland Company, Inc., and Marvin Moseley v. Foodco Realty, Inc., and United States of AmericaCourt of Appeals for the Fourth Circuit · 1963
  3. United States v. Bernard E. Roessling, Etc.Court of Appeals for the Fifth Circuit · 1960
  4. Kimbell Foods, Inc. v. Republic National Bank Of DallasCourt of Appeals for the Fifth Circuit · 1977
  5. The T. H. Rogers Lumber Company v. James Bruce Apel, and United States of AmericaCourt of Appeals for the Tenth Circuit · 1972

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