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UNITED STATES v. HENDERSON

No. 17680.

274 F.2d 419 (1959)

UNITED STATES of America, Appellant, v. James C. HENDERSON, Trustee in Bankruptcy of Southwest Casket and Manufacturing Company, Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 11, 1960.

Attorney(s) appearing for the Case

Morton Hollander and Hershel Shanks, Attys., Dept. of Justice, Washington, D. C., William M. Steger, U. S. Atty., John L. Burke, Jr., Asst. U. S. Atty., Tyler, Tex., George Cochran Doub, Asst. Atty. Gen., Washington, D. C., for appellant.

William Hurwitz, L. F. Burke, H. P. Smead, Longview, Tex., for appellees.

Before RIVES, Chief Judge, and HUTCHESON and TUTTLE, Circuit Judges.

RIVES, Chief Judge.

This is an appeal by the United States on behalf of the Small Business Administration (S.B.A.), a secured creditor1 of Southwest Casket and Manufacturing Company, Inc., the debtor in an unsuccessful corporate reorganization proceeding. The appeal is taken from that portion of the district court's order which provides that certain administrative expenses incurred as a result of the attempted reorganization are to be...

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