IN RE HIGGINS

No. BK68-139S.

304 F.Supp. 108 (1969)

In the Matter of Robert Howard HIGGINS, Bankrupt.

United States District Court D. South Dakota, S. D.

September 18, 1969.


Attorney(s) appearing for the Case

Thomas F. Martin, State's Atty., Brookings County, S. D., for Brookings County.

Joe W. Cadwell, of Braithwaite, Cadwell & Braithwaite, Sioux Falls, S. D., for Trustee.


MEMORANDUM DECISION

NICHOL, Chief Judge.

The States Attorney for Brookings County, South Dakota, has petitioned this court for review of an order of the Referee in Bankruptcy which held that the personal property tax lien of the county was inferior to the costs and expenses of administration of the bankrupt estate, there being no wage claims. The question presented is whether the tax lien was valid and enforceable against the trustee as a secured claim entitled...

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