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NATIONAL LABOR RELATIONS BOARD v. KILLOREN

Nos. 11839, 11875.

122 F.2d 609 (1941)

NATIONAL LABOR RELATIONS BOARD v. KILLOREN.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied October 11, 1941.

Attorney(s) appearing for the Case

A. Norman Somers, of Washington, D. C. (Robert B. Watts, Gen. Counsel, and Malcolm F. Halliday, Asst. Gen. Counsel, both of Washington, D. C., on the brief), for appellant.

Harry S. Gleick, of St. Louis, Mo. (Jones, Hocker, Gladney & Grand, and Gleick & Strauss, all of St. Louis, Mo., on the brief), for appellee.

Before WOODROUGH, JOHNSEN, and VAN VALKENBURGH, Circuit Judges.

JOHNSEN, Circuit Judge.

The controlling questions are (1) whether a back pay allowance in an order of the National Labor Relations Board, whose enforcement has been directed by the Circuit Court of Appeals, is a provable debt in a subsequent bankruptcy proceeding; (2) if so, whether it is a debt owing to the Board in the sense that the Board is entitled to file and assert a proof of claim therefor; and (3), if it is such a provable debt, owing to the Board, whether...

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