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IN RE HENRY HOLZAPFEL'S SONS, INC.

Nos. 12054, 12055.

249 F.2d 861 (1957)

Matter of HENRY HOLZAPFEL'S SONS, Inc., Bankrupt. William C. DENNIS, as Trustee, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. William C. DENNIS, as Trustee in Bankruptcy of Henry Holzapfel's Sons, Inc., Bankrupt, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 11, 1957.

Attorney(s) appearing for the Case

Sigmund J. Beck, Indianapolis, Ind., Bernard Landman, Jr., Robert A. Rose, Indianapolis, Ind., Bamberger & Feibleman, Indianapolis, Ind., of counsel, for appellant.

Charles K. Rice, Asst. Atty. Gen., Myron C. Baum, Attorney, Tax Division, U. S. Department of Justice, Washington, D. C., Don A. Tabbert, U. S. Atty., Indianapolis, Ind., John N. Stull, Acting Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, S. Dee Hanson, Attorneys, Department of Justice, Washington, D. C., Jack Chapler Brown, U. S. Atty., James L. Miller, Asst. U. S. Atty., Indianapolis, Ind., for appellee.

Before FINNEGAN, SCHNACKENBERG, and PARKINSON, Circuit Judges.

PARKINSON, Circuit Judge.

This is an appeal from an order of the District Court denying a petition for review of and affirming an order and judgment entered by the Referee in Bankruptcy on tax claims of the Respondent-Appellee United States of America in the sum of $2,703.12 and from an order of the District Court dismissing the complaint for tax refund of the Plaintiff-Appellant William C. Dennis, as Trustee in Bankruptcy of

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