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RUHTER v. INTERNAL REVENUE SERVICE

No. 7769.

339 F.2d 575 (1964)

Jack E. RUHTER, Trustee in Bankruptcy, Appellant, v. INTERNAL REVENUE SERVICE, United States of America, and Norene R. O'Dell, Appellees.

United States Court of Appeals Tenth Circuit.

December 15, 1964.

Attorney(s) appearing for the Case

James P. Horiskey, Cheyenne, Wyo., for appellant.

Karl Schmeidler, Washington, D. C. (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.

Tosh Suyematsu, Cheyenne, Wyo., for appellee, Norene R. O'Dell.

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

HILL, Circuit Judge.

This bankruptcy case is here for the second time. The facts are detailed in our prior opinion1 and will not be repeated except insofar as necessary for a clear understanding of the issues presented.

The bankrupt, Jack O'Dell, was adjudicated on April 4, 1962. His wife, Norene R. O'Dell, was not a party to the bankruptcy proceeding and was not adjudicated. She had,...

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