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UNITED STATES v. OWENS

No. 20771.

329 F.2d 678 (1964)

UNITED STATES of America, Appellant, v. Eugene W. OWENS, Trustee in Bankruptcy for Bruce Construction Corporation and Miami Station, Inc., et al., Appellees. CONTINENTAL CASUALTY COMPANY, Appellant, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 16, 1964.

Attorney(s) appearing for the Case

John B. Jones, Jr., Acting Asst. Atty. Gen., Meyer Rothwacks, Karl Schmeidler, Joseph Kovner, Attys., Tax Div., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Morton Hollander, Alan S. Rosenthal, Kathryn H. Baldwin, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., William A. Meadows, Jr., U. S. Atty., Miami, Fla., for United States.

Richard R. Booth, Miami, Fla., for Trustee of Estate of Bankrupt.

George S. Flint, New York City, for Fulton, Walter & Duncombe.

Eugene W. Owens, Miami Beach, Fla., for Bruce Const. Co.

Charles F. Mills, Wesley G. Carey, Carey, Terry, Dwyer, Austin, Cole & Stephens, Miami, Fla., for Continental Cas. Co.

Before TUTTLE, Chief Judge, and JONES and BELL, Circuit Judges.

TUTTLE, Chief Judge.

Both the United States and Continental Casualty Company appeal from an order of the trial court entered as a part of reorganization proceedings undertaking to make final distribution of a sum of $61,382.99 held by the United States, all of which is claimed by the United States to be due it for taxes.

The principal questions raised before the trial court, and renewed here, deal with the power of the district court to enter a summary judgment...

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