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IN RE SWAN

No. 236.

82 F.2d 160 (1936)

In re SWAN. UNITED STATES v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

February 10, 1936.

Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (Frank J. Wideman, Asst. Atty. Gen., Sewall Key and M. C. Ferguson, Sp. Assts. to Atty. Gen., and Clarence W. Roberts, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Zalkin & Cohen, of New York City (Israel Akselrod, of New York City, of counsel), for respondent-appellee Irving Trust Co.

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

AUGUSTUS N. HAND, Circuit Judge.

An account filed by the trustee in bankruptcy on May 7, 1934, showed a net balance in its hands of $12,000. On February 23, 1934, the referee had made an order directing the United States to file a proof of any claim it had within 30 days. No claim was filed during the prescribed period, but on May 8, 1934, the United States filed a proof of claim in the sum of $815,765.33 for income taxes...

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