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IN RE BOB RICHARDS CHRYSLER-PLYMOUTH CORP., INC.

No. 26791.

473 F.2d 262 (1973)

In the Matter of BOB RICHARDS CHRYSLER-PLYMOUTH CORPORATION, INC., Bankrupt No. 88007. WESTERN DEALER MANAGEMENT, INC., Appellant, v. John M. ENGLAND, Trustee in Bankruptcy, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 12, 1973.

Attorney(s) appearing for the Case

Edward Sumner (argued), Los Angeles, Cal., for appellant.

Dennis Montali (argued), of Rothschild & Phelan, San Francisco, Cal., for appellee.

Before WRIGHT, KILKENNY and CHOY, Circuit Judges.

CHOY, Circuit Judge:

This is an appeal from an order of the district court reversing a bankruptcy referee's order denying the application of England (the Trustee) for an order directing Western Dealer Management, Inc. (WDM) to turn over to the Trustee a $10,063.25 net operating carryback federal income tax refund. The refund had been applied for and received by WDM after the close of the year during which the involuntary bankruptcy of Bob Richards Chrysler-Plymouth...

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