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UNITED STATES v. SAMPSELL

No. 12811.

193 F.2d 154 (1951)

UNITED STATES v. SAMPSELL

United States Court of Appeals Ninth Circuit.

November 27, 1951.

Attorney(s) appearing for the Case

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott, I. Henry Kutz and Carolyn Just, Sp. Assts. to the Atty. Gen., Ernest A. Tolin, U. S. Atty., E. H. Mitchell and Edward R. McHale, Asst. U. S. Attys., Eugene Harpole, Sp. Atty., B. I. R., all of Los Angeles, Cal., for appellant.

C. E. H. McDonnell, Los Angeles, Cal., for appellee.

Before STEPHENS and HEALY, Circuit Judges, McCORMICK, District Judge.

HEALY, Circuit Judge.

This appeal involves a claim of the United States to priority for withholding taxes (income and social security) which had arisen in the course of a corporate bankrupt's operations, as debtor in possession, under an arrangement proceeding pursuant to Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq.1

The debtor's petition, filed April 6, 1948, had court approval, and in July following the referee...

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