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IN RE MILLER

No. 72-3469.

485 F.2d 74 (1973)

In the Matter of Raymond Chester MILLER, Bankrupt. Merrill T. LANDWEHR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

September 17, 1973.

Attorney(s) appearing for the Case

Merrill T. Landwehr, New Orleans, La., for appellant.

George H. Becker, Asst. Regional Counsel, I.R.S., New Orleans, La., Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Murray S. Horwitz, Attys., Tax Division, U.S. Dept. of Justice, Washington, D.C., Gerald J. Gallinghouse, U.S. Atty., New Orleans, La., for appellee.

Before GOLDBERG, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

The Trustee in Bankruptcy for Raymond C. Miller appeals from a decree of the District Court ordering the Referee to allow the filing of a tax claim by the United States against the Bankrupt estate. The Referee had denied the claim as being untimely filed. The case involves the effect of a Referee's second notice of the first meeting of creditors which apparently inadvertently set a deadline for filing claims different from that established by...

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