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MERRYWEATHER v. UNITED STATES

No. 4728.

12 F.2d 407 (1926)

MERRYWEATHER et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

April 19, 1926.

Attorney(s) appearing for the Case

Danson, Lowe & Danson and R. E. Lowe, all of Spokane, Wash., for appellant Merryweather.

Chas. H. Leavy and E. J. Farley, both of Spokane, Wash., for appellants Spokane County and De Graff.

Donald F. Kizer, U. S. Atty., and H. Sylvester Garvin, Asst. U. S. Atty., both of Spokane, Wash., for the United States.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

HUNT, Circuit Judge.

This action was brought by the United States to establish a claim for income taxes, penalties, and interest as superior to all other claims against an insolvent corporation of which Merryweather had previously been appointed receiver in an action pending in the superior court of the state of Washington. It is alleged that the collector of internal revenue filed due proofs with the receiver, claiming the amount of taxes and penalties, and that...

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