Legal Opinion

John L. King, Trustee in Reorganization of Gilcor Enterprises, Inc., Plaintiff v. Warren E. Gilbert

Court of Appeals for the Fifth Circuit

Decided March 10, 1978No. 77-2750PublishedCited by 13 opinions

1Per curiam

This case is affirmed on the basis of the district court’s opinion, reported at 445 F.Supp. 479 (N.D.Ga.1978), with the following additional observations. The appellant claims that the federal anti-assignment statute renders the assignment of the tax refund invalid. This is erroneous. The Supreme Court in Segal v. Rochelle, 382 U.S. 375, 86 S.Ct. 511, 517, 15 L.Ed.2d 428 (1966), has stated that section 203 was enacted to protect the federal government from conflicting claims and that “between the [private] parties effect might still be given to an assignment that failed to comply with the…

2Cases cited3 opinions

  1. Segal v. RochelleSupreme Court of the United States · 1966
  2. Oscar C. Kolb, Bankrupt v. Robert A. Berlin, TrusteeCourt of Appeals for the Fifth Circuit · 1966
  3. King v. GilbertDistrict Court, N.D. Georgia · 1977

3Cited by13 opinions

  1. Acrotube, Inc. v. J.K. Financial Group, Inc.District Court, N.D. Georgia · 1987
  2. Sims' Crane Service, Inc. v. Reliance InsuranceDistrict Court, S.D. Georgia · 1981
  3. Sterling National Bank & Trust Co. v. Bornstein (In Re Metric Metals International, Inc.)District Court, S.D. New York · 1981
  4. Markowitz v. Heritage Bank, N.A. (In re Jefferson Mortgage Co.)United States Bankruptcy Court, D. New Jersey · 1982
  5. Citicorp (Usa), Inc. And Southeast Bank, N.A. v. Davidson Lumber Company, Florida Steel Corp.Court of Appeals for the Eleventh Circuit · 1983

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