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IN RE NEELY

No. 59774.

10 F.Supp. 654 (1935)

In re NEELY.

District Court, S. D. New York.

February 26, 1935.

Attorney(s) appearing for the Case

Fertig, Walter & Gottesman, of New York City (Alfred A. Walter, of New York City, of counsel), for petitioner.

Austrian & Lance, of New York City (Saul J. Lance and Samuel Rudner, both of New York City, of counsel), for bankrupt.

PATTERSON, District Judge.

The motion is by a creditor of the bankrupt to vacate a stay issued by a referee in bankruptcy.

Neely was assessed $13,264.67 as additional income tax. He gave a bond to the United States to cover payment. The Great American Indemnity Company was surety on the bond. On Neely's failure to pay, the surety company was compelled to make payment to the United States. It then brought suit against Neely for reimbursement and recovered judgment...

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