In the Matter of UNITED GENERAL WOOD PRODUCTS CORPORATION, a California corporation.
Richard R. CLEMENTS, Trustee-Appellant,
v.
The INTERNAL REVENUE SERVICE, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
August 17, 1973.
August 17, 1973.
Attorney(s) appearing for the Case
Lawrence A. Diamant (argued), Herbert Wolas of Robinson & Wolas, Los Angeles, Cal., for trustee-appellant.
Karl Schmeidler (argued), Johnnie M. Walters, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., Robert L. Meyer, U. S. Atty., Charles H. Magnuson, Lawrence V. Brooks, Asst. U. S. Attys., Los Angeles, Cal., Meyer T. Rothwacks, Crombie J. D. Garrett, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee.
Before ELY and HUFSTEDLER, Circuit Judges, and TURRENTINE, District Judge.
United States Court of Appeals, Ninth Circuit.
OPINION
HUFSTEDLER, Circuit Judge:
The only issue on appeal is whether the district court, 320 F.Supp. 322, correctly held that the bankruptcy court could not exercise summary jurisdiction to adjudicate the conflicting claims of the Government and the trustee to a fund derived from the debtor's accounts receivable. We hold that the debtor constructively possessed the fund when...
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