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STATE OF CALIFORNIA v. HISEY

No. 8088.

84 F.2d 802 (1936)

STATE OF CALIFORNIA v. HISEY.

Circuit Court of Appeals, Ninth Circuit.

July 6, 1936.

Attorney(s) appearing for the Case

U. S. Webb, Atty. Gen., and John O. Palstine, Dep. Atty. Gen., for the State of California.

Bradner & Weil and Jerold E. Weil, all of Los Angeles, Cal., for Hisey, receiver.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.

WILBUR, Circuit Judge.

In receivership proceedings the District Court granted the application of the state of California for a determination that its claim for gasoline tax amounting to $34,142.99 was a preferential claim, being the amount of a tax due on the distributing business of the Lakeview Oil & Refining Company which had accrued before the inauguration of the receivership proceedings herein. It denied the claim of the state for the 10 per cent. penalty...

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