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EMERY & KAUFMAN v. HOUSTON FIRE & CASUALTY INS. CO.

No. 21205.

106 So.2d 131 (1958)

EMERY & KAUFMAN, Limited (Appellee), v. HOUSTON FIRE & CASUALTY INSURANCE COMPANY (Appellant), Chester A. Usry, District Director of Internal Revenue (Appellee), Ingard O. Johannesen, Trustee (In the Matter of Robert F. Gottschalk, In Bankruptcy No. 8842, United States District Court for the Eastern District of Louisiana, New Orleans Division) (Appellee), and Robert F. Gottschalk (Appellee).

Court of Appeal of Louisiana, Orleans.

November 3, 1958.

Attorney(s) appearing for the Case

Bienvenu & Culver, New Orleans, for Houston Fire & Casualty Ins. Co., appellant.

Kathleen Ruddell, Asst. U. S. Atty., New Orleans, for United States of America.

PER CURIAM.

This matter is before us on motion of the United States of America, an appellant, to voluntarily dismiss its appeal. Houston Fire & Casualty Insurance Company opposes the motion to dismiss the appeal.

The principal controversy arose over a fund amounting to $1,845.48 in the hands of Emery & Kaufman, Ltd., which it was holding as belonging to Robert F. Gottschalk. Emery & Kaufman, Ltd., filed this concursus proceeding calling upon several...

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