IN RE GENERAL MERCHANDISE CORPORATION OF AMERICA

No. 20802.

32 F.Supp. 805 (1940)

In re GENERAL MERCHANDISE CORPORATION OF AMERICA.

District Court, E. D. Pennsylvania.

April 24, 1940.


Attorney(s) appearing for the Case

Abraham L. Shapiro, Asst. City Sol., and Francis F. Burch, City Sol., both of Philadelphia, Pa., for petitioner City of Philadelphia.

MacCoy, Brittain, Evans & Lewis and Walter C. Janney, Jr., all of Philadelphia, Pa., for respondent Provident Title Co., landlord.


BARD, District Judge.

This matter comes before the court on a certificate for review of an order of a referee in bankruptcy. The referee denied priority to a claim for sales tax filed by the City of Philadelphia against the bankrupt's estate.

The question for decision is whether the city is entitled to priority of payment out of a bankrupt's estate for taxes laid by a city ordinance upon sales of goods for consumption...

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