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UNITED STATES v. ENGLAND

No. 14467.

226 F.2d 205 (1955)

UNITED STATES of America, Appellant, v. John O. ENGLAND, Trustee in Bankruptcy of the Estate of Bradford Welch, Inc., a Corporation, Bankrupt, Appellee.

United States Court of Appeals Ninth Circuit.

October 5, 1955.

Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., Dudley J. Godfrey, Jr., A. F. Prescott, Ellis N. Slack, Morton K. Rothschild, Spe. Assts. to Atty. Gen., Lloyd H. Burke, U. S. Atty., Charles E. Collett, Asst. U. S. Atty., San Francisco, Cal., for appellant.

Stanley M. McLeod, San Francisco, Cal., for appellee.

Before ORR and LEMMON, Circuit Judges, and JAMES M. CARTER, District Judge.

ORR, Circuit Judge.

The question here for solution is the status of a claim of the United States for taxes filed in a bankruptcy proceeding. Bradford Welch, Inc., the taxpayer, was adjudicated a bankrupt on July 23, 1951. John O. England was thereafter appointed Trustee in Bankruptcy.

On April 28, 1952 the Collector of Internal Revenue filed a claim with the Trustee in Bankruptcy for withholding and insurance contributions taxes and interest thereon. An amended...

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