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IN RE BREWSTER-RAYMOND COMPANY

No. 15949.

344 F.2d 903 (1965)

In the Matter of BREWSTER-RAYMOND COMPANY, Bankrupt. UNITED STATES of America, Appellant, v. Ralph H. COLEMAN, Trustee in Bankruptcy, Appellee.

United States Court of Appeals Sixth Circuit.

April 30, 1965.

Attorney(s) appearing for the Case

Karl Schmeidler, Dept. of Justice, Washington, D. C., for appellant, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., on the brief, Merle M. McCurdy, U. S. Atty., Dominic J. Cimino, Asst. U. S. Atty., Cleveland, Ohio, of counsel.

Clair E. Whitmer, Akron, Ohio, for appellee.

Before CECIL, O'SULLIVAN and EDWARDS, Circuit Judges.

CECIL, Circuit Judge.

This appeal is from a judgment of the United States District Court for the Northern District of Ohio, denying to the United States of America the right to recover tax penalties and interest on the penalties from the bankrupt estate of Brewster-Raymond Company. The United States of American is the defendant-appellant and Ralph H. Coleman, trustee of the bankrupt company, is the plaintiff-appellee. They will be referred to herein as the Government...

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