UNITED STATES v. KAPLAN

No. 17995.

277 F.2d 405 (1960)

UNITED STATES of America, Appellant, v. Adolph KAPLAN, Celina Kaplan and Donald Kaplan, Appellees.

United States Court of Appeals Fifth Circuit.

April 18, 1960.


Attorney(s) appearing for the Case

Anthony L. Mondello, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., Robert F. Nunez, Asst. U. S. Atty., Tampa, Fla. (George Cochran Doub, Asst. Atty. Gen., James L. Guilmartin, U. S. Atty., Dept. of Justice, Washington, D. C.), for appellant.

Monte J. Tillis, Jr., Louis Glick, Miami, Fla., for appellees.

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


TUTTLE, Circuit Judge.

This is an appeal by the United States from the district court's adverse judgment in its suit to set aside an alleged fraudulent conveyance. The principal questions presented are: (1) whether the United States had standing to sue as a judgment creditor; and (2) whether the district court erred in finding that an oral trust existed in favor of the transferee, which made legal the transfer to him without consideration. We answer both questions...

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