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DISTRICT OF COLUMBIA v. GREENBAUM

No. 12355.

223 F.2d 633 (1955)

DISTRICT OF COLUMBIA, Appellant, v. Samuel M. GREENBAUM, Trustee in Bankruptcy, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 28, 1955.

Attorney(s) appearing for the Case

Mr. Henry E. Wixon, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Vernon E. West, Corp. Counsel, and Chester H. Gray, Principal Asst. Corp. Counsel, were on the brief, for appellant.

Mr. Frederick C. LeComte, Washington, D. C., for appellee Greenbaum.

Mr. Fred E. Youngman, Sp. Asst. to the Atty. Gen., with whom Messrs. Ellis N. Slack and A. F. Prescott, Sp. Asst. to the Atty. Gen., Leo A. Rover, U. S. Atty., and Lewis Carroll and Harold H. Greene, Asst. U. S. Attys., were on the brief, for appellee United States. Mr. Frank H. Strickler, Asst. U. S. Atty., also entered an appearance for appellee United States.

Before BAZELON, FAHY and DANAHER, Circuit Judges.

BAZELON, Circuit Judge.

This appeal is from the District Court's dismissal of a petition to review the bankruptcy referee's adverse ruling on claims of the District of Columbia.1 The major issue involves an alleged clash between the national Bankruptcy Act and the District of Columbia Revenue Act of 1949.

Section 64, sub. a of the Bankruptcy Act2 gives priority to "taxes * * *

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