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SMALL BUSINESS ADMINISTRATION v. McCLELLAN

No. 6117.

272 F.2d 143 (1959)

SMALL BUSINESS ADMINISTRATION, Appellant, v. G. M. McCLELLAN, Trustee, Appellee. Matter of S. H. BYQUIST, an individual, doing business as Western Distributors, Bankrupt.

United States Court of Appeals Tenth Circuit.

November 6, 1959.

Attorney(s) appearing for the Case

Morton Hollander, Attorney, Department of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Wilbur G. Leonard, U. S. Atty., Topeka, Kan., and Samuel D. Slade and Peter H. Schiff, Attorneys, Department of Justice, Washington, D. C., on the brief), for appellant.

John Q. Royce, Salina, Kan., for appellee.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this bankruptcy proceeding the court below affirmed a referee's order allowing a claim of Small Business Administration as an unsecured claim and denying it any priority. The only question on appeal is the right to priority over other unsecured creditors.

The facts are not in dispute. Byquist, the bankrupt, applied on a Small Business Administration1 form...

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