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DRABKIN v. DISTRICT OF COLUMBIA

Nos. 86-5285, 86-5287.

824 F.2d 1102 (1987)

Murray DRABKIN v. DISTRICT OF COLUMBIA, Appellant. Murray DRABKIN, Trustee v. DISTRICT OF COLUMBIA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1987.

Attorney(s) appearing for the Case

Lutz Alexander Prager, Asst. Deputy Corp. Counsel, with whom John H. Suda, Acting Corp. Counsel, Charles L. Reischel, Deputy Corp. Counsel, and Julia L. Sayles, Asst. Corp. Counsel, Washington, D.C., were on the brief for appellant.

Barry J. Dichter, New York City, for appellee.

Before RUTH B. GINSBURG, BUCKLEY and D.H. GINSBURG, Circuit Judges.

D.H. GINSBURG, Circuit Judge:

The liquidation of Auto-Train Corp. (Auto-Train) requires this court once again to address the question of whether a pre-bankruptcy payment by Auto-Train was a voidable preference or, alternatively, was from a trust. See In re Auto-Train Corp., Inc., 810 F.2d 270 (D.C.Cir.1987). The payment here concerns amounts of withheld employee income taxes, paid to the District of Columbia (District) within...

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