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MATTER OF SHAKESTEERS COFFEE SHOPS

No. 75-1724.

546 F.2d 821 (1976)

In the Matter of SHAKESTEERS COFFEE SHOPS, a partnership composed of Milton Kaffen et al. John M. ENGLAND, Trustee, Plaintiff-Appellee, v. UNITED STATES of America et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

November 18, 1976.

Attorney(s) appearing for the Case

Timothy G. Laddish, Deputy Atty. Gen. (argued), San Francisco, Cal., for defendant-appellant, State of California.

Karl Schmeidler, Atty. (argued), Dept. of Justice, Washington, D. C., for defendant-appellant, the United States.

Vernon D. Stokes (argued), San Francisco, Cal., for plaintiff-appellee.

Before SNEED and KENNEDY, Circuit Judges, and RICHEY, District Judge.

MARY ANNE RICHEY, District Judge:

The United States, the California Department of Benefit Payments, and the California Board of Equalization have appealed from the district court's decision that funds deposited in a special tax account pursuant to an arrangement proceeding under Chapter XI of the Bankruptcy Act (11 U.S.C. § 701 et seq.) should be considered a general asset of the bankrupt's estate and subject to costs and expenses of administration. Appellants...

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