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NATIONAL FOUNDRY CO. OF N. Y. v. DIRECTOR OF INT. REV.

No. 151, Docket 23778.

229 F.2d 149 (1956)

NATIONAL FOUNDRY CO. OF N. Y., Inc., Debtor-Appellant, v. DIRECTOR OF INTERNAL REVENUE, Claimant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 20, 1956.

Attorney(s) appearing for the Case

Max Schwartz, Brooklyn, N. Y. (Schwartz, Rudin & Duberstein, Brooklyn, N. Y., on the brief), for debtor-appellant.

Elliott Kahaner, Asst. U. S. Atty. for Eastern Dist. of N. Y., Brooklyn, N. Y. (Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., on the brief), for claimant-appellee.

Before CLARK, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

CLARK, Chief Judge.

The debtor, National Foundry Co. of N. Y. Inc., filed its petition for arrangement below on March 9, 1954, and on August 2, 1954, a bankruptcy referee confirmed its plan of arrangement. The confirmation order contained an express provision precluding the United States, as well as the State and City of New York, from asserting any claim against the debtor for penalties and interest other than those already filed and allowed, thus excluding any such...

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