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MARGIOTTA v. DISTRICT DIRECTOR OF INTERNAL REVENUE

No. 280, Docket 23103.

214 F.2d 518 (1954)

MARGIOTTA v. DISTRICT DIRECTOR OF INTERNAL REVENUE, BROOKLYN, N. Y. et al.

United States Court of Appeals Second Circuit.

Decided July 2, 1954.

Rehearing Denied August 3, 1954.

Attorney(s) appearing for the Case

Edward Gettinger, New York City, and Harold M. Brown, Warsaw, N. Y., Samuel W. Sherman, New York City, for appellant.

Leonard P. Moore, U. S. Atty. for Eastern District of New York, Brooklyn, N. Y. (Elliott Kahaner, Brooklyn, N. Y., of counsel), for District Director of Internal Revenue.

Benjamin Cohen, New York City, for Murray Joseph, appellee.

Before CHASE, Chief Judge, and FRANK and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

1. When the receiver moved to vacate the sale, that sale had already occurred, Joseph had paid the purchase price, and possession of the property had been transferred to him by the government. Accordingly, as the government was not then in possession, it could not properly object to the summary jurisdiction of the bankruptcy court.

The situation here is unlike that in Goggin v. Division of Labor Law Enforcement, of California,

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