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IN RE BIRCO MIN. CO., INC.

No. CV 81-P-0697-S.

14 B.R. 1017 (1981)

In re BIRCO MINING COMPANY, INC., Debtor. UNITED STATES of America, Appellant, v. BIRCO MINING COMPANY, INC., et al., Appellees.

United States District Court, N.D. Alabama, S.D.

July 9, 1981.

Attorney(s) appearing for the Case

J. R. Brooks, U.S. Atty., George C. Batcheler, Asst. U.S. Atty., Birmingham, Ala., Karl L. Kellar, Atty., Tax Div., Washington, D.C., for appellant U.S.A.

M. Charles Sterne, Birmingham, Ala., Trustee.

Jesse W. Shotts, Birmingham, Ala., for debtor and trustee.

A.J. Beck, Silberman, Silberman & Loeb, Birmingham, Ala., for Commercial Testing & Engineering Co.

B. Jack Rivers, Birmingham, Ala., U.S. Trustee.

MEMORANDUM OF OPINION

POINTER, District Judge.

This appeal involves a challenge by the United States to orders of the Bankruptcy Court which required payment to the Trustee of $7,500 recovered in the name of Birco in an action in the state court and, after hearing on an adversary petition, directed that the $3,250 of the recovery be paid to the attorney who had handled that proceeding on behalf of Birco, with the balance being retained in the Bankruptcy...

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