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AMERICAN GUARANTY CORPORATION v. UNITED STATES

No. 408-66.

401 F.2d 1004 (1968)

AMERICAN GUARANTY CORPORATION and Harry H. Burton, Receiver v. The UNITED STATES.

United States Court of Claims.

October 18, 1968.

Attorney(s) appearing for the Case

George E. McMurray, Jr., Washington, D. C., attorney of record, for plaintiffs; W. John Kenney, Washington, D. C.; Claude R. Branch, Providence, R. I.; and Anthony Zell Roisman, Washington, D. C., of counsel.

James G. Greilsheimer, with whom was Asst. Atty. Gen. Edwin L. Weisl, Jr., for defendant. Edward Weintraub, Washington, D. C., of counsel.

Before LARAMORE, Acting Chief Judge, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

DURFEE, Judge.

Plaintiff filed a voluntary petition under Chapter XI of the Bankruptcy Act to effect an arrangement with its creditors, which was subsequently confirmed by the District Court. As part of the expense of the bankruptcy proceedings, plaintiff was required to deposit $141,077.11 for additional fees for the Referees' Salary and Expense Fund. This sum was computed at one percent of the face amount of debts paid in cash in distribution to creditors under...

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