PEOPLE v. HOPKINS

No. 311.

18 F.2d 731 (1927)

PEOPLE OF STATE OF NEW YORK v. HOPKINS et al.

Circuit Court of Appeals, Second Circuit.

April 4, 1927.


Attorney(s) appearing for the Case

Albert Ottinger, Atty. Gen. of State of New York (William Matthews and Robert P. Beyer, Deputy Attys. Gen., of counsel), for the People of State of New York.

Leo Oppenheimer, of New York City (Milton P. Kupfer, of New York City, of counsel), for receivers.

Before MANTON, HAND, and SWAN, Circuit Judges.


SWAN, Circuit Judge (after stating the facts as above).

Assuming for the moment that the franchise taxes are valid claims against assets in the hands of the receiver, was the state of New York precluded from asserting these claims because of the prior orders entered in the proceedings? It is clear that the general order of November 6, 1918, limiting the time within which creditors should file claims, would not preclude the state from subsequently presenting its claim...

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