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COMMONWEALTH OF PENNSYLVANIA v. STOCKER

No. 5259.

70 F.2d 453 (1934)

COMMONWEALTH OF PENNSYLVANIA v. STOCKER.

Circuit Court of Appeals, Third Circuit.

March 29, 1934.

Attorney(s) appearing for the Case

Wm. A. Schnader, Atty. Gen., and Leo Weinrott, Sp. Deputy Atty. Gen., for the Commonwealth.

James J. O'Brien and Fox, Rothschild, O'Brien & Frankel, all of Philadelphia, Pa., for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

Penn Petroleum & Supply Company was an agent of the Commonwealth of Pennsylvania for collecting liquid fuel taxes. Having collected, but not having paid over, $1,984.07 of such taxes, the company became bankrupt. Before its bankruptcy the Commonwealth had not filed a certificate of lien against the fund as it might have done. Therefore it did the next best thing which was to file with the referee a claim against the bankrupt estate not...

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