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KAVANAS v. MEAD

No. 5794.

171 F.2d 195 (1948)

KAVANAS et al. v. MEAD.

United States Court of Appeals Fourth Circuit.

December 20, 1948.

Attorney(s) appearing for the Case

Melvin W. Kahle, of Wheeling W. Va., for appellants.

Carl G. Bachmann, of Wheeling, W. Va., for appellee.

Hugh Wells, of Cleveland, Ohio, and Charles McCamic, of Wheeling, W. Va., amici curiae.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This is an appeal from a decree in bankruptcy which denied priority to certain wage claims of miners in the employ of the bankrupt, Warner Coal Corporation, and allowed them merely as general claims. The governing statute, Section 64, sub. a(2) of the Chandler Act, 11 U.S.C.A. § 104, sub. a(2), provides: "The debts to have priority, in advance of payment of dividends to creditors, and to be paid...

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