IN RE TEN EYCK CO., INC.

No. 158.

126 F.2d 806 (1942)

In re TEN EYCK CO., Inc.

Circuit Court of Appeals, Second Circuit.

March 19, 1942.


Attorney(s) appearing for the Case

John J. Bennett, Jr., Atty. Gen. of New York (Wendell P. Brown and Edward J. Grogan, Jr., Asst. Attys. Gen., of counsel), for appellant.

George J. Hatt, 2d, of Albany, N. Y., for appellee.

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


SWAN, Circuit Judge.

This appeal presents the question whether the State of New York is entitled to collect taxes from the estate of a taxpayer who had initiated a proceeding in bankruptcy prior to the enactment of the statute under which the taxes were assessed.

On November 27, 1940, the appellee filed in the bankruptcy court a petition for a chapter XI arrangement, 11 U.S.C.A. § 701 et seq., and an order was entered continuing it in possession of its...

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