IN RE KURTZ ROOFING COMPANY

No. 15405.

335 F.2d 311 (1964)

In the Matter of The KURTZ ROOFING COMPANY, d/b/a Kurtz Supply Company, Bankrupt. UNITED STATES of America, Appellant, v. Ray F. SPEERS, Trustee in Bankruptcy, Appellee.

United States Court of Appeals Sixth Circuit.

August 4, 1964.


Attorney(s) appearing for the Case

Karl Schmeidler, Dept. of Justice, Washington, D. C., for appellant, Louis F. Oberdorfer, Asst. Atty. Gen., Meyer Rothwacks, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., on the brief, Merle M. McCurdy, U. S. Atty., Harland M. Britz, Asst. U. S. Atty., Toledo, Ohio, of counsel.

Robert B. Gosline, Toledo, Ohio, for appellee, Shumaker, Loop & Kendrick, Toledo, Ohio, Frank Buckingham, Buckingham, Holzapfel & Buckingham, Sandusky, Ohio, on the brief.

Before CECIL and O'SULLIVAN, Circuit Judges, and McALLISTER, Senior Circuit Judge.


O'SULLIVAN, Circuit Judge.

Section 6323(a) of the Internal Revenue Code of 1954, 26 U.S.C. § 6323(a), protects a "judgment creditor" against unfiled federal tax liens. This appeal requires us to decide whether Section 70, sub. c of the Bankruptcy Act, 11 U.S.C. § 110, sub. c, confers upon a trustee in bankruptcy the right of a judgment creditor to resist imposition on the bankrupt's assets of a federal tax lien...

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