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COMMONWEALTH OF KENTUCKY v. FARMERS BANK & TRUST CO.

No. 9564.

139 F.2d 266 (1943)

COMMONWEALTH OF KENTUCKY ex rel. UNEMPLOYMENT COMPENSATION COMMISSION v. FARMERS BANK & TRUST CO. OF HENDERSON, KY.

Circuit Court of Appeals, Sixth Circuit.

December 7, 1943.

Attorney(s) appearing for the Case

H. Kelly Clore and Edward W. Pflueger, both of Frankfort, Ky. (Elwood Rosenbaum, O. B. Hannah, H. Kelly Clore, and Edw. W. Pflueger, all of Frankfort, Ky., on the brief), for appellant.

S. O. Heilbronner, of Henderson, Ky., for appellee.

Before SIMONS, ALLEN, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

The Kentucky Unemployment Compensation Commission filed its claim against a bankrupt estate for past-due unemployment contributions and penalty for nonpayment provided by state law. The referee denied allowance of the penalty, and his determination was sustained by the District Court. On appeal, the sole question is whether the claim, including the penalty, should have been allowed against the bankrupt estate. In the District Court, the...

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