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SECURITY-FIRST NAT. BANK v. UNITED STATES

No. 11051.

153 F.2d 563 (1946)

SECURITY-FIRST NAT. BANK OF LOS ANGELES v. UNITED STATES et al. In re F. P. NEWPORT CORPORATION, LIMITED.

Circuit Court of Appeals, Ninth Circuit.

February 13, 1946.

Attorney(s) appearing for the Case

W. C. Shelton and George W. Burch, Jr., both of Los Angeles, Cal., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, A. F. Prescott, Louise Foster, and Harold C. Wilkenfeld, Sp. Assts. to Atty. Gen., and Charles H. Carr, U. S. Atty., E. H. Mitchell, Asst. U. S. Atty., and Eugene Harpole, Sp. Atty. B. I. R., all of Los Angeles, Cal., for appellee United States.

Bailie, Turner & Lake, of Los Angeles, Cal., for appellee Metcalf.

Before GARRECHT, MATHEWS and HEALY, Circuit Judges.

MATHEWS, Circuit Judge.

This appeal is from an order affirming an order of a referee in bankruptcy directing a trustee in bankruptcy to pay a claim of the United States for income taxes assessed against the trustee for the calendar years 1938 and 1939. The facts are as follows:

Under date of March 1, 1930, F. P. Newport Corporation, Limited, executed and delivered to appellant, Security-First National Bank of Los Angeles, its promissory note for $760,000,...

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