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McCOLGAN v. MAIER BREWING CO.

No. 10257.

134 F.2d 385 (1943)

McCOLGAN, Franchise Tax Com'r of California, v. MAIER BREWING CO. et al.

Circuit Court of Appeals, Ninth Circuit.

March 10, 1943.

Attorney(s) appearing for the Case

Earl Warren Atty. Gen., of California, and H. H. Linney and R. S. McLaughlin, Deputy Attys. Gen., of California, for appellant.

Bailie, Turner & Lake and Allen T. Lynch, all of Los Angeles, Cal., for appellee H. F. Metcalf, trustee.

Baldwin Robertson, of Los Angeles, Cal., for appellee Maier Brewing Co.

Before MATHEWS, STEPHENS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

The appeal is from an order in bankruptcy disallowing appellant's claim for corporate franchise taxes.

In June 1932 an involuntary petition was filed against Maier Brewing Company and a receiver appointed with authority to manage and operate the business and property of the alleged bankrupt. The receiver and his successor, the latter being appointed in 1935, operated the business until September 10, 1938. Appellant, Franchise Tax Commissioner...

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