EXCHANGE BANK & TRUST COMPANY and Briggs Weaver Machinery Co., First National Bank in Dallas and City of Dallas, Texas, Intervenors, Appellants,
v.
TUBBS MANUFACTURING COMPANY, Inc., and United States of America, Appellees.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
June 29, 1957.
Rehearing Denied August 5, 1957.
Attorney(s) appearing for the Case
H. P. Kucera, City Atty., Robert A. Wilson, Clinton Foshee, Robert S. Trotti, James H. Walker, Melvin A. Bruck, R. A. McBean, Ted P. MacMaster, Asst. City Attys., Addison M. Bradford, Jr., Dallas, Tex., for other appellants.
Blakley & Walker, Dallas, Tex., for appellant Exchange Bank & Trust Co.
Coke & Coke, Dallas, Tex., for appellant First Nat. Bank in Dallas.
John C. Ford, Asst. U. S. Atty., Dallas, Tex., Charles K. Rice, Asst. Atty., Ellis N. Slack, Atty., Dept. of Justice, Washington, D. C., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellee.
Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.
United States Court of Appeals Fifth Circuit.
HUTCHESON, Chief Judge.
Submitted on stipulated facts,1 this case presented below, it presents here a single question. This is whether under the priority statute, Rev.Stat. 3466, 31 U.S.C.A. § 191, the United States, the appellee, was entitled to have its debt for taxes first satisfied out of the proceeds of the sale of all of the assets of Tubbs Manufacturing Co., an insolvent taxpayer corporation...
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