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SHALET v. KLAUDER

No. 3806.

34 F.2d 594 (1929)

SHALET v. KLAUDER. In re LEIBOWITZ et al.

Circuit Court of Appeals, Third Circuit.

Supplemental Opinion, September 23, 1929.

Attorney(s) appearing for the Case

Charles L. Smyth, of Philadelphia, Pa., for appellant.

Herman N. Silver, of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from a decree of the District Court, affirming an order of the referee in bankruptcy, denying to the landlord's claim for rent against the personal property of the bankrupt priority over administration expenses. The sheriff, at the suit of a creditor, levied upon the property on the leased premises. The referee and District Judge held that the claim of the landlord is controlled by section 64b (5) of the Bankruptcy Act (11 USCA...

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