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ROCHELLE v. CITY OF DALLAS

No. 17405.

264 F.2d 166 (1959)

William J. ROCHELLE, Jr., Trustee in Bankruptcy of Major Appliance Company, Inc., Appellant, v. CITY OF DALLAS, Texas, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 15, 1959.

Attorney(s) appearing for the Case

Hubert D. Johnson, Dallas, Tex., for appellant.

H. P. Kucera, City Atty., R. A. McBean and Ted P. MacMaster, Asst. City Attys., Dallas, Tex., for City of Dallas.

Before HUTCHESON, Chief Judge. and BROWN and WISDOM, Circuit Judges.

HUTCHESON, Chief Judge.

This is an appeal by the trustee in bankruptcy from an order of the district judge affirming an order of the Referee Elmore Whitehurst, which, over the trustee's objection that clause 2 of the 1952 Amendment to Sec. 67, sub. c of the Bankruptcy Act, 11 U.S.C.A. § 107, sub. c, rendered such claimed lien invalid as against him, allowed the claim of the City of Dallas for $2,911.16 for ad valorem taxes and approved it as secured by a valid...

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