IN RE RISS TANNING CORPORATION

No. 62, Docket 72-1448.

468 F.2d 1211 (1972)

In the Matter of RISS TANNING CORPORATION, Bankrupt. STATE BANK OF ALBANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided October 27, 1972.


Attorney(s) appearing for the Case

Stephen Reynolds, Albany, N. Y. (McNamee, Lochner, Titus & Williams, Albany, N. Y., on the brief), for appellant.

Robert Stephens Watkins, Annapolis, Md. (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Gary R. Allen, Tax Division, Department of Justice, Washington, D. C., on the brief), for appellee.

Before HAYS, OAKES and TIMBERS, Circuit Judges.


HAYS, Circuit Judge:

State Bank of Albany appeals from an order of the United States District Court for the Northern District of New York which denied and dismissed its petition to review a decision by the Referee in Bankruptcy and affirmed that decision. We reverse.

The facts have been stipulated by the parties and we summarize them as follows:

On December 4, 1964, Riss Tanning Corporation, the bankrupt herein, executed a bond and real estate mortgage...

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