Legal Opinion

Howard Dragstrem v. Richard E. Obermeyer, United States of America, Intervenor-Appellant

Court of Appeals for the Seventh Circuit

Decided February 14, 1977No. 75-1531PublishedCited by 24 opinions

1Opinion of the Court

BAUER, Circuit Judge.

In this case we must determine whether a federal tax lien has priority over an unperfected security interest in proceeds deposited as an interpleaded fund. The notice of the tax lien was filed after the holder of the fund petitioned the court for authority to deposit the fund, but before the court authorized its deposit. The district court gave priority to the security interest. We reverse.

I

Plaintiff Dragstrem’s claim to the fund is founded upon a loan to defendant Obermeyer of $11,400 plus interest. To secure the loan, Obermeyer executed a security agreement designating…

2Cases cited26 opinions

  1. Aquilino v. United StatesSupreme Court of the United States · 1960
  2. Markham v. AllenSupreme Court of the United States · 1946
  3. Waterman v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1909
  4. Gemsco, Inc. v. WallingSupreme Court of the United States · 1945
  5. United States v. Sterling National Bank & Trust Company of New York, and Third-Party v. Charles S. Smith, Third-PartyCourt of Appeals for the Second Circuit · 1974

21 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Arlie Glen Skelton, Jr. v. General Motors CorporationCourt of Appeals for the Seventh Circuit · 1981
  2. Haas v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1994
  3. Donald L. Asher and Garrett Vandenburgh v. United StatesCourt of Appeals for the Seventh Circuit · 1978
  4. Manalis Finance Co., a Co-Partnership v. United StatesCourt of Appeals for the Ninth Circuit · 1980
  5. Litton Industrial Automation Systems, Inc. v. Nationwide Power Corp.Court of Appeals for the Eleventh Circuit · 1997

19 more not listed; retrieve them via the Exa API.

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