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No. 634. HIDALGO COUNTY WATER CONTROL & IMPROVEMENT DISTRICT No. 7 ET AL. v. HEDRICK ET AL. C. A. 5th Cir. Certiorari denied. Sawnie B. Smith for petitioners. H. H. Rankin, Jr. for respondents. Reported below: 226 F. 2d 1.

No. 648. LEEPER ET AL. v. CHARLOTTE PARK AND RECREATION COMMISSION ET AL. Supreme Court of North Carolina. Certiorari denied. Robert L. Carter, Thur

good Marshall and Spottswood W. Robinson, III for petitioners. Frank Thomas Miller, Jr. for Barringer, respondent. Reported below: 242 N. C. 311, 88 S. E. 2d 114.

No. 21, Misc. TURCICH, ADMINISTRATRIX, v. LIBERTY CORPORATION. C. A. 3d Cir. Certiorari denied. Abra-. ham E. Freedman, Charles Lakatos and Joseph Weiner for petitioner. John D. M. Hamilton for respondent. Reported below: 217 F. 2d 495.

No. 313, Misc. UNITED STATES EX REL. TOUHY V. RAGEN, WARDEN. C. A. 7th Cir. Certiorari denied. Robert B. Johnstone and Howard B. Bryant for petitioner. Reported below: 224 F. 2d 611.

No. 273, Misc. LEE v. JACKSON, WARDEN. Court of Appeals of New York. Certiorari denied. THE CHIEF JUSTICE took no part in the consideration or decision of this application. Reported below: 309 N. Y. 676, 128 N. E. 2d 322.

Rehearing Denied.

No. 39. MITCHELL, SECRETARY OF LABOR, v. KING PACKING CO., ante, p. 260. Rehearing denied.

350 U.S.

April 9, 1956.

APRIL 9, 1956.

Decisions Per Curiam.

No. 699.

UNITED STATES v. WHITE BEAR BREWING CO., INC. ET AL. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Per Curiam: The petition for writ of certiorari is granted and the judgment is reversed. Dissenting opinion by MR. JUSTICE DOUGLAS in which MR. JUSTICE HARLAN concurs. Solicitor General Sobeloff, Acting Assistant Attorney General Rice and Harry Baum for the United States. Kenneth F. Burgess, Edward P. Saltiel and William H. Avery, Jr. for the White Bear Brewing Co. et al., respondents. Reported below: 227 F. 2d 359.

MR. JUSTICE DOUGLAS, with whom MR. JUSTICE HARLAN concurs, dissenting.

I dissent. The Court holds that a federal tax lien has priority over a statutory mechanic's lien, even though the mechanic's lien was specific, prior in time, perfected in the sense that everything possible, under state law had been done to make it choate, and was being enforced before the federal tax lien arose. The mechanic's lien arose out of a contract to furnish labor and materials for the improvement of the real estate. The contract had been performed, the mechanic's lien recorded for a specific amount, and suit instituted to enforce the lien-all before the federal taxes were assessed and the tax liens recorded. Moreover, by the time the United States filed the present action to foreclose its tax liens, the mechanic's lien had been reduced to judgment, and the real estate sold at public auction and transferred by the purchaser to others. In United States v. City of New Britain, 347 U. S. 81, 84, we said that liens under state law were "perfected in the sense that there is nothing more to be done to have a choate lien-when the identity of the lienor, the property subject to the lien, and the amount of the lien are established." Accordingly, we held that the principle that

350 U.S.

DOUGLAS, J., dissenting.

"the first in time is the first in right" (id., at 85) should be applied. I would apply the same principle here.

None of our other cases stands in the way. United States v. Security Trust & Savings Bank, 340 U. S. 47, involved a general inchoate attachment lien which had been procured by the holder of an unsecured note. The attachment lien gave no right to proceed against the property unless the lienor obtained a judgment within three years. In United States v. Acri, 348 U. S. 211, the attachment lien was contingent upon the outcome of the suit for damages and was therefore "inchoate." Id., at 214. The same was true of the lien of the garnisher in United States v. Liverpool & London Ins. Co., 348 U. S. 215. In United States v. Scovil, 348 U. S. 218, the landlord's distress lien was "only a caveat of a more perfect lien to come." Id., at 220. And in United States v. Colotta, 350 U. S. 808, the mechanic's lien which we subordinated to the federal tax lien had become definite in amount but no steps had been taken to file the statutory lis pendens notice nor to enforce the lien before the federal lien arose and was recorded.

Here the lien is not general and inchoate. It is specific and choate. The lienor had an immediate right to "enforce his lien" against the property. Ill. Rev. Stat., 1953, c. 82, § 9. This is clearly more than "merely a lis pendens notice that a right to perfect a lien exists." 340 U. S., at 50. Indeed, the mechanic's lienor had instituted suit to enforce the lien before the federal tax lien arose and had completed enforcement of the lien by the time the United States instituted the present action.

The Court apparently holds that under 26 U. S. C. § 3670 a lien that is specific and choate under state law, no matter how diligently enforced, can never prevail against a subsequent federal tax lien, short of reducing the lien to final judgment. That is new doctrine, not warranted by our decisions, and supportable only if the New Britain case were overruled.

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No. 675, ROTHWELL ET AL. v. LINZELL, DIRECTOR OF HIGHWAYS. Appeal from the Supreme Court of Ohio. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. John Caren, William S. Evatt and Robert L. Barton for appellants. C. William O'Neill, Attorney General of Ohio, and Hugh E. Kirkwood, Jr., Assistant Attorney General, for appellee. Reported below: 163 Ohio St. 517, 127 N. E. 2d 524.

Miscellaneous Orders.

No. 66. RIVERBANK LABORATORIES V. HARDWOOD PRODUCTS CORP. Certiorari, 350 U. S. 817, to the United States Court of Appeals for the Seventh Circuit. The order entered in this case on April 2, 1956, ante, p. 1003, is amended to provide for a remand of the case to the United States Court of Appeals for the Seventh Circuit.

No. 92. BLACK ET AL. v. CUTTER LABORATORIES. Certiorari, 350 U. S. 816, to the Supreme Court of California. The motion to continue this case to the next term is denied.

No. 451. RAILWAY EMPLOYES' DEPARTMENT, AMERICAN FEDERATION OF LABOR, ET AL. v. HANSON ET AL. Appeal from the Supreme Court of Nebraska. (Probable jurisdiction noted, 350 U. S. 910.) The motion of the State of South Dakota for leave to appear and present oral argument, as amicus curiae, is denied.

No. 546, Misc. BALDWIN v. UNITED STATES. Motion for leave to file petition for writ of mandamus denied.

No. 624, Misc. DONNELL V. RAGEN, WARDEN. Motion for leave to file petition for writ of certiorari denied.

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No. 606.


PANHANDLE EASTERN PIPE LINE Co. v. MICHIGAN CONSOLIDATED GAS Co. C. A. 6th Cir. tiorari denied. William E. Miller for petitioner. Clifton G. Dyer for respondent. Reported below: 226 F. 2d 60.

No. 620. DELAWARE & HUDSON Co. v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD CO. ET AL. C. A. 2d Cir. Certiorari denied. Frederick H. Wiggin for petitioner. William T. Griffin and Herbert Burstein for the New York, New Haven & Hartford Railroad Co., and Edward K. Hanlon for the Connecticut Railway & Lighting Co., respondents. Reported below: 227 F. 2d 291.

No. 629. BLACKBURN V. FLORIDA. Supreme Court of Florida. Certiorari denied. Crampton Harris, Pat Whitaker and Tom Whitaker for petitioner. Reported below: 83 So. 2d 694.

No. 633. SEARS, ROEBUCK & Co. v. RY-LOCK CO., LTD. C. A. 9th Cir. Certiorari denied. Frank E. Liverance, Jr. for petitioner. Reported below: 227 F. 2d 615.

No. 637. MYERS v. HOLLISTER, DIRECTOR, INTERNATIONAL COOPERATION ADMINISTRATION, ET AL. United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Charles F. O'Neall and Francis C. Brooke for petitioner. Solicitor General Sobeloff, Assistant Attorney General Burger and Melvin Richter for respondents. Ralph B. Gregg filed a brief for the American Legion, as amicus curiae, urging that the petition be granted. Reported below: 96 U. S. App. D. C. 388, 226 F. 2d 346.

No. 638. Avco MANUFACTURING CORP. ET AL. v. HAZELTINE RESEARCH, INC. C. A. 7th Cir. Certiorari denied. Floyd H. Crews, Charles M. Hogan and Morris Relson for

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