O'DELL v. UNITED STATES

No. 7462.

326 F.2d 451 (1964)

Norene R. O'DELL, Appellant, v. UNITED STATES of America and Jack Ruhter, Trustee in Bankruptcy, Appellees.

United States Court of Appeals Tenth Circuit.

January 9, 1964.


Attorney(s) appearing for the Case

Tosh Suyematsu, Cheyenne, Wyo., for appellant.

Karl Schmeidler, Atty., Dept. of Justice (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and I. Henry Kutz, Attys., Dept. of Justice, Robert N. Chaffin, U. S. Atty., and Leroy V. Amen, Asst. U. S. Atty., on the brief), for appellee, United States of America.

James P. Horiskey, Cheyenne, Wyo., for appellee, Jack E. Ruhter.

Before MURRAH, Chief Judge, and HILL and SETH, Circuit Judges.


HILL, Circuit Judge.

The appeal is from an order of the lower court, entered without resort to a plenary action, disbursing funds on deposit in the registry of the court.

The pertinent and undisputed facts are as follows: On April 4, 1962, after a reference of the case to the Referee in Bankruptcy, Jack O'Dell, d/b/a O'Dell Motor Company (hereinafter referred to as bankrupt), was adjudicated and appellee, Ruhter, was appointed Trustee. Appellant, who is the...

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