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IN RE JAYROSE MILLINERY CO.

No. 95.

93 F.2d 471 (1937)

In re JAYROSE MILLINERY CO., Inc. CITY OF NEW YORK v. LATTIN.

Circuit Court of Appeals, Second Circuit.

December 13, 1937.

Attorney(s) appearing for the Case

Paul Windels, Corp. Counsel, of New York City (Oscar S. Cox and Sol Charles Levine, both of New York City, and Max Brofman, of counsel), for appellant.

Feiring & Bernstein, of New York City, (Michael Feiring and Barney Bernstein, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge.

The city's claim is for taxes on retail sales made by Jayrose Millinery Company, Inc., before its bankruptcy. It is now established by decisive authority that claims of this character are entitled to priority over general creditors; but prior to the Supreme Court's decision in New York City v. Goldstein, 299 U.S. 522, 57 S.Ct. 321, 81 L.Ed. 384, the court of bankruptcy had acted upon the contrary supposition. On January 30, 1936, the city filed...

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