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DAVIS v. CITY OF NEW YORK

No. 217.

119 F.2d 559 (1941)

DAVIS v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

April 28, 1941.

Attorney(s) appearing for the Case

Julius Zizmor, of Brooklyn, N. Y., for appellant.

Sol Charles Levine and William C. Chanler, both of New York City (Bernard H. Sherris and Isaac C. Donner, both of New York City, of counsel), for appellee.

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

PER CURIAM.

The trustee in bankruptcy moved before the referee to compel the City of New York to pay over the proceeds of a sale of the bankrupt's property; the referee granted the petition, but the district judge reversed his order. The facts were as follows. On May 19, 1938, the bankrupt agreed with the City to an assessment of $1171 for sales taxes for which it had theretofore become liable and which it was to pay off in installments. By December 6, 1938, the bankrupt...

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