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SEGAL v. ROCHELLE

No. 21043.

336 F.2d 298 (1964)

Gerald SEGAL, Individually and d/b/a Segal Cotton Products, et al., Appellants, v. William J. ROCHELLE, Jr., Trustee, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 12, 1964.

Attorney(s) appearing for the Case

Henry Klepak and Roy J. True, Dallas, Tex., for appellants.

William J. Rochelle, Jr., Dallas, Tex., for appellee.

Before RIVES, BELL and WRIGHT, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

This appeal presents a question of prime importance in the administration of the Bankruptcy Act. At issue is whether loss-carryback refunds forthcoming under the federal income tax statutes1 and arising from losses sustained prior to but in the year of bankruptcy go to creditors or the bankrupt.

Gerald Segal and Sam Segal, as individuals, filed voluntary petitions in bankruptcy on September 27, 1961...

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