United States v. Petty Motor Company, and Colonial Ford, Incorporated

JOHN P. MOORE, Circuit Judge.

This is an appeal by the United States from an order of the District Court of Utah denying the United States marshal a commission for services related to sale of real property pursuant to a judicial foreclosure of a real estate mortgage. The purchaser, Petty Motor Company (Petty), paid no cash for the subject property, but by agreement , of the interested parties, bid the amount of the indebtedness (including the mortgage amount) at the time of the sale. The marshal demanded a commission for conducting the sale, relying on 28 U.S.C. § 1921. Claiming the marshal…