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IN RE PEORIA CONSOLIDATED MANUFACTURERS, INC.

No. 13130.

286 F.2d 642 (1961)

In the Matter of PEORIA CONSOLIDATED MANUFACTURERS, INC., Bankrupt. UNITED STATES of America, Petitioning Creditor-Appellant, v. R. Hardin McCOY, Trustee-Appellee.

United States Court of Appeals Seventh Circuit.

January 31, 1961.

Attorney(s) appearing for the Case

Donald H. Green, Civil Division, U. S. Dept. of Justice, Washington, D. C., Harlington Wood, Jr., U. S. Atty., Springfield, Ill., George Cochran Doub, Asst. Atty. Gen., Alan S. Rosenthal, Attorney, Dept. of Justice, Washington, D. C., for appellant.

David C. McCarthy, Peoria, Ill., for appellee.

Before HASTINGS, Chief Judge, SCHNACKENBERG, Circuit Judge, and PLATT, District Judge.

HASTINGS, Chief Judge.

This is an appeal from the order of the district court which affirmed, without opinion, the order and judgment of a referee in bankruptcy denying the United States of America a statutory fifth priority, 11 U.S.C.A. § 104, sub. a(5), in the bankruptcy proceedings of Peoria Consolidated Manufacturers, Inc. (Peoria). The facts of the case are not in dispute; this appeal raises only the question of the correct interpretation of certain statutes...

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