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BARBEE v. OKLAHOMA TAX COMMISSION

No. 1746.

103 F.2d 114 (1939)

BARBEE v. OKLAHOMA TAX COMMISSION.

Circuit Court of Appeals, Tenth Circuit.

March 25, 1939.

Attorney(s) appearing for the Case

John W. Swinford, of Oklahoma City, Okl. (Tomerlin, Chandler, Shelton & Fowler, of Oklahoma City, Okl., on the brief), for appellant.

C. D. Cund, of Oklahoma City, Okl., (A. L. Herr, of Chickasha, Okl., and Wendell Barnes, of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

The question for determination is whether claim filed with the trustee in bankruptcy of an insolvent vendor for unpaid sales tax levied under the Oklahoma Consumers' Tax Law, Chapter 66, Article 7, Session Laws 1935, for allowance is entitled to preference in payment over the claims of his general creditors.

Objection to its allowance as a preferred claim was made by the trustee, with the contention that the state had no greater right...

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