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IN RE H. J. WALKER CO.

No. 4207.

4 F.2d 516 (1925)

In re H. J. WALKER CO. Petition of CENTRAL NAT. BANK SAVINGS & TRUST CO.

Circuit Court of Appeals, Sixth Circuit.

March 6, 1925.

Attorney(s) appearing for the Case

Ben H. Davis, of Cleveland, Ohio (Treadway & Marlatt, of Cleveland, Ohio, on the brief), for petitioner.

C. C. Crabbe, Atty. Gen., of Ohio, Wilbur E. Benoy, Sp. Counsel, of Columbus, Ohio, and David E. Green, Sp. Counsel, and Herbert D. Palmer, both of Cleveland, Ohio, for respondent.

Before DENISON, DONAHUE, and KNAPPEN, Circuit Judges.

DONAHUE, Circuit Judge.

This is a petition to revise an order of the District Court in a bankruptcy proceeding. The question presented is whether a mortgage filed for record in 1920 is a prior lien to a franchise tax of a foreign corporation for the years 1921 and 1922. This franchise tax was assessed under section 8728 — 11, General Code of Ohio, which provides that each foreign corporation having common stock without par value shall pay annually, for the...

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