United States of America, in Intervention-Appellee v. Crest Finance Company

This is an interpleader action presenting questions as to lien priority. This-Court held (7 Cir., 291 F.2d 1) that the Supreme Court decision in United States v. R. F. Ball Construction Company, 355 U.S. 587, 78 S.Ct. 442, 2 L.Ed.2d 510, was controlling and that the Crest lien was not superior or prior to the lien of' the United States. We held “Crest’s lien, was not choate and perfected as those terms have been defined by the Supreme^ Court.”

Crest filed a petition for certiorari. In its memorandum in response to that petition, the United States stated it had concluded the Ball case was not…