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CALDWELL v. ARMSTRONG

No. 7768.

342 F.2d 485 (1965)

Edward Meyers CALDWELL, Appellant, v. J. Reuel ARMSTRONG, Trustee in Bankruptcy, United States of America, and Dixie Faye Caldwell Shea, Appellees.

United States Court of Appeals Tenth Circuit.

March 17, 1965.

Attorney(s) appearing for the Case

Byron Hirst, Cheyenne, Wyo. (James L. Applegate and Richard V. Thomas, Cheyenne, Wyo., were with him on the brief), for appellant.

Joseph Kovner, Atty., Dept. of Justice (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Fred E. Youngman, Attys., Dept. of Justice, and Robert Chaffin, U. S. Atty., and LeRoy V. Amen, Asst. U. S. Atty., were with him on the brief), for appellee United States.

Richard F. Pickett, Cheyenne, Wyo., and Harold M. Johnson, Rawlins, Wyo. (Loomis, Lazear, Wilson & Pickett, Cheyenne, Wyo., were with them on the brief), for appellees J. Reuel Armstrong, trustee in bankruptcy, and Dixie Faye Caldwell Shea.

Before MURRAH, Chief Judge, BREITENSTEIN, Circuit Judge, and DAUGHERTY, District Judge.

BREITENSTEIN, Circuit Judge.

Divorce and bankruptcy combine here to present vexatious legal problems. Appellant Caldwell, the bankrupt, appeals from the affirmation of a referee's order excluding from the bankruptcy estate the proceeds of a matured policy insuring his life. Appellees Dixie Faye Caldwell Shea and the United States assert liens against those proceeds — Dixie because of a Wyoming divorce decree and the United States because of levies for unpaid...

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