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MATTER OF NICKERSON & NICKERSON, INC.

No. 75-1129.

530 F.2d 811 (1976)

In the Matter of NICKERSON & NICKERSON, INC. UNITED STATES of America, Appellant, v. NICKERSON & NICKERSON, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 2, 1976.

Attorney(s) appearing for the Case

Allen H. Sachsel, Atty., App. Section, Civ. Div., Dept. of Justice, Washington, D.C., for appellant; Irving Jaffe, Acting Asst. Atty. Gen., Rex E. Lee, Asst. Atty. Gen., William K. Schaphorst, U.S. Atty., and Leonard Schaitman, Atty., Appellate Section, Washington, D.C., on brief.

Thomas F. Flaherty, Omaha, Neb., for appellee; Paul F. Festersen, Monen, Seidler & Festersen, Omaha, Neb., on brief.

Before HEANEY, BRIGHT and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

In this appeal, we examine the statutory procedure for financing the Referees' Salary and Expense Fund in arrangement proceedings under Chapter XI of the Bankruptcy Act, 11 U.S.C. §§ 701-99.

The United States appeals from a judgment of the District Court holding that, under Section 40(c)(2)(b) of the Act,1 fees for the Fund should be computed only upon amounts to be paid to the general unsecured...

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