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CITY OF DALLAS v. MENEZES

No. 4734.

16 F.2d 779 (1927)

CITY OF DALLAS v. MENEZES. In re WHATLEY.

Circuit Court of Appeals, Fifth Circuit.

January 6, 1927.

Attorney(s) appearing for the Case

Jas. J. Collins, City Atty., and H. P. Kucera, Asst. City Atty., both of Dallas, Tex. (Hugh S. Grady and W. Hughes Knight, both of Dallas, Tex., on the brief), for appellant.

R. E. L. Saner and C. R. Winn, both of Dallas, Tex. (Chas. D. Turner and J. W. Rodgers, both of Dallas, Tex., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

This is an appeal from a judgment rejecting a claim of the city of Dallas for taxes due by O. F. Whatley, bankrupt, of whose estate appellee was trustee.

The material facts disclosed by the record are these. Whatley was a member of a partnership composed of himself, C. S. Staten, and William Doran, Jr., doing business in Dallas, Texas. Prior to 1920 Whatley acquired the interest of the other two partners, assumed the debts of the partnership...

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