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AMERICAN GUARANTY CORPORATION v. BURTON

No. 6855.

380 F.2d 789 (1967)

AMERICAN GUARANTY CORPORATION, Appellant, v. Harry H. BURTON, as Receiver et al., Appellees.

United States Court of Appeals First Circuit.

July 14, 1967.

Attorney(s) appearing for the Case

Marcien Jenckes, Boston, Mass., with whom Claude R. Branch and Brinton P. Roberts, Boston, Mass., were on brief, for appellant.

Richard S. Salzman, Atty., Dept. of Justice, with whom Barefoot Sanders, Asst. Atty. Gen., Edward P. Gallogly, U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on brief, for The Secretary of the Treasury and others, appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Plaintiff, debtor in a proceeding under Chapter XI of the Bankruptcy Act, 11 U.S.C. §§ 701-99, seeks a judgment declaring void the fees of one per cent of plaintiff's payments to creditors required to be collected from the estate and contributed to the Referees' Salary and Expense Fund under 11 U.S.C. §§ 65, 68, 79. The alleged invalidity lies in the fact that the Judicial Conference of the United States, although required...

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