IN RE CHARLES NELSON CO.

Nos. 27277, 27503.

27 F.Supp. 673 (1939)

In re CHARLES NELSON CO. In re NORTHERN REDWOOD LUMBER CO.

District Court, N. D. California, S. D.

May 25, 1939.


Attorney(s) appearing for the Case

Philip S. Ehrlich, of San Francisco, Cal., for petitioners.

Sterling Carr, of San Francisco, Cal., for trustee.

Heller, Ehrman, White & McAuliffe, of San Francisco, Cal., for Wells Fargo Bank & Union Trust Co.

Chickering & Gregory, of San Francisco, Cal., for Detroit Trust Co. and McPherson Browning, trustees.

Lillick, Olson, Levy & Geary, of San Francisco, Cal., for Bondholders' Committee, Northern Redwood Lumber Co.


ST. SURE, District Judge.

The question is whether a trustee under Sec. 77B of the Bankruptcy Act as amended in 1934, 11 U.S.C.A. § 207, shall be required to pay as an administrative expense taxes, penalties, and interest charged against real property subject to an executory contract neither adopted nor rejected.

The Charles Nelson Co., a corporation, hereinafter called Nelson Co., having its principal place of business in San Francisco, was organized...

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