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UNITED STATES v. NICHOLAS

No. 21777.

346 F.2d 32 (1965)

UNITED STATES of America, Appellant, v. John NICHOLAS, Trustee of the Estate of Beachcomber Motel, Inc., Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 9, 1965.

Attorney(s) appearing for the Case

Karl Schmeidler, Atty., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., William A. Meadows, Jr., U. S. Atty., Miami, Fla., for appellant; Lavinia L. Redd, Asst. U. S. Atty., of counsel.

Robert E. Venney, John H. Gunn, Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, and RIVES and BELL, Circuit Judges.

TUTTLE, Chief Judge:

On August 6, 1958, Beachcomber Motel, Inc., filed a petition for an arrangement proceeding under Chapter XI of the Bankruptcy Act. It was permitted to retain possession of the property as Debtor in Possession until, upon failure to submit an acceptable plan, the company was adjudicated a bankrupt on September 17, 1958. During the intervening period of operation, the Debtor in Possession failed to make payment of certain taxes that accrued during...

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