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UNITED STATES v. GOLDBERG

No. 15677.

362 F.2d 575 (1966)

UNITED STATES of America, Appellee, v. Morris C. GOLDBERG, a/k/a Moe Goldberg, a/k/a M. C. Goldberg, et al., Rose Satkoff, Appellant.

United States Court of Appeals Third Circuit.

Decided July 8, 1966.

Rehearing Denied August 2, 1966.

Attorney(s) appearing for the Case

Ronald N. Rutenberg, Philadelphia, Pa. (Harry A. Rutenberg, Rutenberg, Rutenberg & Rutenberg, Philadelphia, Pa., on the brief), for appellant.

Marco S. Sonnenschein, Tax Div., Dept. of Justice, Washington, D. C., Edwin P. Rome, Philadelphia, Pa. (Richard M. Roberts, Acting Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner, Attys., Dept. of Justice, Washington, D. C., Drew J. T. O'Keefe, U. S. Atty., on the brief), for appellees Breen, Weinrott — Receivers for Pennsylvania Laundry Co.

Before KALODNER, GANEY and SMITH, Circuit Judges.

WILLIAM F. SMITH, Circuit Judge.

This action to enforce a federal tax lien and for the appointment of a receiver was brought under §§ 7403(a) and (d) of the Internal Revenue Code of 1954, 26 U.S.C., §§ 7403(a) and (d), 1954. The present appeal is from the denial of a claim filed by a creditor of the taxpayer during the course of the proceedings. The questions raised in the court below, and now before us for decision, pertain to the validity of...

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