IN RE PREMIER MILL CORPORATION

No. 40559.

171 F.Supp. 733 (1956)

In the Matter of PREMIER MILL CORPORATION, Debtor.

United States District Court W. D. New York.

April 24, 1956.


Attorney(s) appearing for the Case

Victor G. Mount, Seneca Falls, N. Y., trustee.

John O. Henderson, U. S. Atty., Buffalo, N. Y., for the Government, Donald F. Potter, Asst. U. S. Atty., Rochester, N. Y., of counsel.

Theodore C. Bonney, Waterloo, N Y., for Auburn Machine & Tool Co., Inc., and other creditors.


BURKE, Chief Judge.

Under Section 197 of the Bankruptcy Act, 11 U.S.C.A. § 597, I determine on the evidence at the hearing held under that section, that the value of the land and chattels held as security for the mortgage debt is $85,000. The excess of the Government's claim based on the mortgage debt, over and above $85,000, is hereby classified as an unsecured claim under Section 197. Therefore the question of the right to priority of the Government's unsecured...

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