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MOTTER v. GARRISON

No. 247.

43 F.2d 34 (1930)

MOTTER, Collector of Internal Revenue, v. GARRISON. In re SHRIVER.

Circuit Court of Appeals, Tenth Circuit.

August 21, 1930.

Attorney(s) appearing for the Case

C. E. Dawson, of Washington, D. C. (C. M. Charest, of Washington, D. C., and Sardius Mason Brewster, U. S. Atty., and L. E. Wyman, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for appellant.

Mark H. Adams, of Wichita, Kan. (Joseph G. Carey, of Wichita, Kan., on the brief), for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

COTTERAL, Circuit Judge.

This is an appeal by the collector of internal revenue for the district of Kansas from an order of the District Court affirming the disallowance by a referee of a priority claim, against E. A. Shriver, then a bankrupt, based on an assessment of an additional income tax. The sole question involved is whether the claim was barred by limitation.

The claim was filed with the referee on January 28, 1928. The trustee objected because of...

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