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CITY OF NEW YORK v. JOHNSON

No. 313.

137 F.2d 163 (1943)

CITY OF NEW YORK v. JOHNSON.

Circuit Court of Appeals, Second Circuit.

July 26, 1943.

Attorney(s) appearing for the Case

Thomas D. Thacher, Corporation Counsel, of New York City (Arthur A. Segall, Sol Charles Levine, and Samuel J. Warms, all of New York City, of counsel), for appellant, City of New York.

Alexander H. Rockmore, of New York City, for appellee.

Alfred A. Johnson, of New York City, as trustee in bankruptcy.

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

AUGUSTUS N. HAND, Circuit Judge.

United Upholsterers Company, Inc., in April, 1938, conveyed to Maxwell Sheraton, Inc., all of its assets, consisting of office furniture, machinery and fixtures, upon the assumption by the transferee of the liabilities of the transferor. At the time of the transfer the transferor owed $718.98 to the City of New York for sales and business taxes. An involuntary petition in bankruptcy was filed against Maxwell Sheraton, Inc., on April...

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