NOLTE v. HUDSON NAV. CO.

No. 385.

13 F.2d 987 (1926)

NOLTE et al. v. HUDSON NAV. CO. and three other cases.

Circuit Court of Appeals, Second Circuit.

July 13, 1926.


Attorney(s) appearing for the Case

Emory R. Buckner, U. S. Atty., of New York City (Sherwood E. Hall, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Geller, Rolston & Blanc, of New York City (Mansfield Ferry, David M. Milton, and Irving G. Idler, all of New York City, of counsel), for appellee Farmers' Loan & Trust Co.

Murray, Aldrich & Roberts, of New York City (William M. Evarts and Hugh L. M. Cole, both of New York City, of counsel), for appellee Equitable Trust Co. of New York.

Graham, McMahon, Buell & Knox, of New York City (Edward Ward McMahon and William H. Hall, both of New York City, of counsel), for appellee National Commercial Bank & Trust Co.

Before MANTON, HAND, and MACK, Circuit Judges.


MACK, Circuit Judge.

In this consolidated foreclosure and creditors' bill cause the United States filed a claim for transportation taxes collected on its behalf by the original defendant, claiming priority over general creditors. The receiver petitioned for instructions; the matter of priority was contested as between the United States and parties to the cause; the claim was allowed as a general claim, but disallowed as to any preference or priority, by order of August...

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