Division of Labor Law Enforcement v. Stanley Restaurants, Inc.

This appeal has been here before, and it may be seen in our opinion in United States v. Division of Labor Law Enforcement, 9 Cir., 1953, 201 F.2d 857 , 36 A.L.R.2d 1197 , that we held an assignment to a private assignee for benefit of creditors under Section 1204 of the California Code of Civil Procedure 1 does not prevail *422 in favor of labor claims over claims of the United States by Rev.Stat. 3466. 2 We reversed the district court and remanded the case, to hold accordingly.

The mandate of this court was filed and spread upon the records of the district court which then held not only that the priority of the United States was superi- or to the appellant’s claim arising under Section 1204 of the California Code of Civil Procedure, supra, but that in addition the fees, expenses, disbursements and charges of the assignee were superior in entitlement to plaintiff’s liens.

Jurisdiction

The Division of Labor Law Enforcement appealed from the judgment as to fees, et cetera. This court questioned its jurisdiction to hear the appeal, inasmuch as the United States was no longer an interested party to the suit, and upon the further ground that notice of appeal was filed more than…