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IN RE SOUTH

No. 81-1750.

689 F.2d 162 (1982)

In re Ronald Gene SOUTH, Debtor. OTASCO, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 12, 1982.

Attorney(s) appearing for the Case

John C. Hoyle, Washington, D. C. (J. Paul McGrath, Asst. Atty. Gen., David L. Russell, U. S. Atty., William Kanter and Bruce N. Bagni, Dept. of Justice, Washington, D. C., on the brief), for defendant-appellant.

Andrew Coats, Oklahoma City, Okl. (G. Blaine Schwabe, III, and Ann L. Faford, also of Crowe & Dunlevy, and John C. Williams, Oklahoma City, Okl., with him on the brief), for plaintiff-appellee.

Before McWILLIAMS, LOGAN and SEYMOUR, Circuit Judges.

LOGAN, Circuit Judge.

The only issue in this appeal is the constitutionality of the requirement adopted by the Judicial Conference of the United States, pursuant to 28 U.S.C. § 1930(b), that creditors who initiate adversary bankruptcy proceedings pay a $60 filing fee.1

Otasco, Inc. operates a retail store in Oklahoma City, through which it sold automobile tires and other personal property to

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