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HATCH v. MOROSCO HOLDING CO.

No. 264.

50 F.2d 138 (1931)

HATCH v. MOROSCO HOLDING CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

May 18, 1931.

Attorney(s) appearing for the Case

Ernst, Gale & Bernays, of New York City (Murray C. Bernays and Henry Gale, both of New York City, of counsel), for appellant.

George Z. Medalie, U. S. Atty., of New York City (Ernest Lappano, Asst. U. S. Atty., of New York City, C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., and Albert T. Clark, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., of counsel), for the United States.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

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

The order appealed from allows the United States to prove as a claim against the receivership taxes assessed against Morosco Holding Company under section 280 of the Revenue Act of 1926 (44 Stat. 61 [26 USCA § 1069]), the validity of which this court sustained in Phillips v. Commissioner, 42 F.2d 177, pending on certiorari in the...

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