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IN RE RICHMOND

No. 71-1021.

456 F.2d 458 (1972)

In the Matter of Theodore J. RICHMOND, Debtor. Jean RICHMOND, Appellant, v. UNITED STATES of America et al, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 1, 1972.

Attorney(s) appearing for the Case

Reuben P. Goldstein, Jersey City, N. J., for appellant.

Bernard L. Belsky, Cole, Berman & Belsky, Paterson, N. J., for appellee Bernard L. Belsky, Receiver.

Janet R. Spragens, Asst. Atty. Gen., Dept. of Justice, Tax Div., Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Richard W. Perkins, Attys., Tax Div., Dept. of Justice, Washington, D. C., Herbert J. Stern, U. S. Atty., on the brief), for the United States.

Joseph R. Purcell, Crummy, O'Neill, DelDeo & Dolan, Newark, N. J., for appellee Donald A. Robinson, Trustee of Manufacturers Credit Corp.

Before BIGGS, VAN DUSEN and HUNTER, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

This appeal questions the jurisdiction of a Referee in Bankruptcy to determine the income tax liability of a Chapter XI debtor's spouse who had filed joint returns with the debtor. The District Court has held that such jurisdiction does not exist in this case. In re Richmond, 322 F.Supp. 888 (D.N.J.1970). We affirm.

I. THE FACTS

The debtor in this...

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