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IN RE JAMES BUTLER GROCERY CO.

No. 31619.

22 F.Supp. 993 (1938)

In re JAMES BUTLER GROCERY CO.

District Court, E. D. New York.

March 21, 1938.

Attorney(s) appearing for the Case

Rabenold, Scribner & Miller, of New York City (Charles E. Scribner, of New York City, of counsel), for Harry Zalkin, trustee.

Milo R. Kniffen, of Cobleskill, N. Y. (Louis S. Wallach, of Brooklyn, N. Y., of counsel), for the Department of Agriculture and Markets.

MOSCOWITZ, District Judge.

James Butler Grocery Company was duly adjudged a bankrupt, and a proof of claim was duly filed on behalf of the Department of Agriculture and Markets of the state of New York in the sum of $1,238.43. A motion was thereafter made by the trustee in bankruptcy to disallow the claim on the theory that it represented a penalty or forfeiture without any pecuniary loss within the meaning of section 57j of the Bankruptcy Act, 11 U.S.C.A. §...

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