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UNITED STATES v. SPENCER

Civil Action No. 3671.

65 F.Supp. 763 (1946)

UNITED STATES v. SPENCER (COMMONWEALTH OF MASSACHUSETTS, DIVISION OF EMPLOYMENT SECURITY, Intervener).

District Court, D. Massachusetts.

May 2, 1946.

Attorney(s) appearing for the Case

Edmund J. Brandon, U. S. Atty., and George F. Garrity, Asst. U. S. Atty., both of Boston, Mass., Sewall Key, Acting Asst. Atty. Gen., and A. Barr Comstock and Andrew D. Sharpe, Sp. Assts. to Atty. Gen., for plaintiff.

Frank C. Hession, of Boston, Mass., Joseph J. Leonard, Designee of Atty. Gen., and John A. Brennan, Designee of Atty. Gen., for Massachusetts, Division of Employment Security, applicant for intervention, for defendant.

WYZANSKI, District Judge.

This case, tried upon an agreed statement of facts, raises one important question: When an insolvent has assets insufficient to pay his obligations both under Title IX of the Social Security Act, 42 U.S.C.A. § 1101 et seq., and under an approved state unemployment compensation act, how shall his assets be distributed? The case originally presented other questions, but they are easily solved in view of the recent ruling of the Supreme...

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