UNITED STATES v. PHILLIPS

No. 13834.

198 F.2d 634 (1952)

UNITED STATES v. PHILLIPS et al.

United States Court of Appeals Fifth Circuit.

July 31, 1952.


Attorney(s) appearing for the Case

Carolyn R. Just, Ellis N. Stack, and Morton K. Rothschild, Sp. Assts. to Atty. Gen., Theron Lamar Caudle, Asst. Atty. Gen., Brian S. Odem, U. S. Atty., William R. Eckhardt, Asst. U. S. Atty., Houston, Tex., for appellant.

A. Jackson Eastham, Ernest A. Knipp, Houston, Tex., for appellees.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.


RUSSELL, Circuit Judge.

In the trial Court, the United States of America and the University State Bank each sought by a claim in the bankruptcy Court to recover the proceeds of an indebtedness of Harris County to N. E. Cumings, a bankrupt. The material facts are not in dispute and are fairly stated in the Government's brief, as follows: "The tax delinquent, N. E. Cumings, executed a notice on October 15, 1947, that he intended to assign to the University State Bank...

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