IN RE CONKLIN

No. 248.

110 F.2d 178 (1940)

In re CONKLIN et al. GULF OIL CORPORATION v. GRADY.

Circuit Court of Appeals, Second Circuit.

March 4, 1940.


Attorney(s) appearing for the Case

Samuel H. Borenkind, of New York City, for appellant.

Joseph Acker, of Poughkeepsie, N. Y., for appellee trustee.

Before SWAN, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.


PER CURIAM.

The bankrupts, operators of a gasoline filling station, purchased from the appellant for resale 1,700 gallons of gasoline. The New York Tax Law, Consol.Laws. N.Y. c. 60, Article 12-A, § 282 ff., imposed a tax upon this transaction. This tax, amounting to $68, was paid to the state by the appellant, who now seeks to recover the sum from the bankrupts' estate as a claim entitled to priority under § 64 of the Bankruptcy Act, as amended, 52 Stat...

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