IN RE ROGERS

No. 50,212-BH.

101 F.Supp. 555 (1951)

In re ROGERS.

United States District Court S. D. California, Central Division.

December 13, 1951.


Attorney(s) appearing for the Case

Burton A. Van Tassel, Los Angeles, Cal., for petitioner.

Sidney Traxler, Los Angeles, Cal., for Bankrupt, Petitioner on Review.

Russell B. Seymour, Los Angeles, Cal., for William A. Wylie, Trustee, Respondent on Review.


HARRISON, District Judge.

Petition for review of determination of the Referee has been presented by claimant Aetna Casualty & Surety Company. The sole question presented is whether a claim for a payment, made prior to bankruptcy, by a surety on a bond given by the bankrupt to secure the payment of taxes is entitled to priority under Section 64, sub. a (4) of the Bankruptcy Act, 11 U.S.C.A. § 104, sub. a(4). The facts in this case are not in dispute.

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