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ZOOK v. UNITED STATES

No. 74-1930.

541 F.2d 220 (1976)

In the Matter of Ralph W. Zook, Bankrupt. Ralph W. ZOOK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

August 19, 1976.

Attorney(s) appearing for the Case

Roger K. Patterson (argued), Whittier, Cal., for appellant.

Karl Schmeidler (argued), Tax Div., Dept. of Justice, Washington, D.C., for appellee.

Before DUNIWAY, CARTER and TRASK, Circuit Judges.

OPINION

DUNIWAY, Circuit Judge:

Zook appeals from an order of the district court reversing an order of a bankruptcy judge which enjoined the Internal Revenue Service (IRS) from collecting taxes from Zook pending the bankruptcy court's determination of the dischargeability of, and Zook's liability for, those taxes. The government claims that because the IRS did not file a creditor's claim with the bankruptcy court, the doctrine of sovereign immunity deprives...

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