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JEWEL TEA CO. v. UNITED STATES

15 F.Supp. 56 (1936)

JEWEL TEA CO., Inc., v. UNITED STATES.

District Court, S. D. New York.

April 22, 1936.

Attorney(s) appearing for the Case

Sage, Gray, Todd & Sims, of New York City, and Charles D. Hamel and John Enrietto, both of Washington, D. C. (Alan E. Gray and C. F. Rothenberg, both of Washington, D. C., of counsel), for petitioner.

Lamar Hardy, U. S. Atty., of New York City (Edward J. Ennis, Asst. U. S. Atty., and Craigh Leonard, Sp. Asst. U. S. Atty., both of New York City, of counsel), for the United States.

COXE, District Judge.

The sinking fund provisions of the preferred stock did not create any debtor and creditor relation. Hazel Atlas Glass Co. v. Van Dyk & Reeves, Inc. (C.C.A.) 8 F.2d 716; Commissioner v. O. P. P. Holding Corporation (C.C.A.) 76 F.2d 11. United States v. Kirby Lumber Co., 284 U.S. 1, 52 S.Ct. 4, 76 L.Ed. 131, has, therefore, no application. The...

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