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ROTHMAN v. DISTRICT DIRECTOR OF INT. REV. SERV. OF U.S.

No. 71-2341.

483 F.2d 1079 (1973)

Don ROTHMAN, Receiver in Bankruptcy of Gibralter Coach Manufacturing Company, Inc., Plaintiff-Appellant, v. DISTRICT DIRECTOR OF INTERNAL REVENUE SERVICE OF the UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 25, 1973.

Attorney(s) appearing for the Case

Richard M. Moneymaker (argued), of Tiernan & Moneymaker, Los Angeles, Cal., for plaintiff-appellant.

Crombie J. D. Garrett (argued), Scott P. Crampton, Asst. Atty. Gen., Fred B. Ugast, Acting Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., Robert L. Meyer, U. S. Atty., Arthur M. Greenwald, Asst. U. S. Atty., Los Angeles, Cal., Meyer Rothwacks, Charles E. Anderson, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before BARNES and WALLACE, Circuit Judges, and TAYLOR, District Judge.

PER CURIAM:

Appellant, Don Rothman, Receiver in Bankruptcy of Gibralter Coach Manufacturing Company, Inc. (receiver) is appealing from a final judgment of the trial court, granting a motion for summary judgment dismissing the preceding receiver's claim for a tax refund with prejudice.

The material facts are not in dispute. Gibralter Coach Manufacturing Company, Inc. (bankrupt) was a manufacturer of camper bodies and accessories for use on pickup trucks. In...

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