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UNITED STATES v. ALLEN

No. 10014.

395 F.2d 752 (1968)

UNITED STATES of America, Appellant, v. John H. ALLEN, Trustee in Bankruptcy of the Estate of Vista Liner Coach & Trailer, Inc., Appellee.

United States Court of Appeals Tenth Circuit.

May 29, 1968.

Attorney(s) appearing for the Case

H. J. Saperstein, Salt Lake City, Utah, filed a motion to dismiss for appellee.

Mitchell Rogovin, Asst. Atty. Gen., and Lee A. Jackson, Karl Schmeidler, Washington, D. C., and Frank X. Grossi, Jr., Arlington, Va., filed a response for appellant.

Before MURRAH, Chief Judge, and LEWIS, Circuit Judge.

PER CURIAM.

The threshold question presented by this appeal is whether the challenged order of the Referee in Bankruptcy is reviewable under 11 U.S.C.A. § 47. The appellant filed a claim against the bankrupt estate asserting its priority as a tax claimant. The trustee filed his objections to the government's claims and also filed a counter-claim against the United States. The United States moved to dismiss the counter-claim on the ground that the bankruptcy court...

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