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LOCAL 140 SECURITY FUND v. HACK

No. 77, Docket 24113.

242 F.2d 375 (1957)

LOCAL 140 SECURITY FUND Claimant-Appellant, v. William S. HACK, Trustee in Bankruptcy of Sleep Products, Inc., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 4, 1957.

Attorney(s) appearing for the Case

Rabinowitz & Boudin, Victor Rabinowitz, New York City, for claimant-appellant.

Meyer Lindenbaum, New York City (Booth, Lipton & Lipton, Edgar A. Booth and Leonard A. Sheft, New York City, of counsel), for respondent-appellee.

Peter Campbell Brown, Corp. Counsel, New York City (Stanley Buchsbaum, Bernard H. Sherris and John J. Lyden, New York City, of counsel), for claimant, City of New York.

Paul W. Williams, U. S. Atty. for the Southern Dist. of New York, New York City (William Stackpole, New York City, of counsel), amicus curiae.

Before MEDINA and HINCKS, Circuit Judges, and LEIBELL, District Judge.

LEIBELL, District Judge.

In the above entitled bankruptcy proceeding Local 140 Security Fund filed a claim for $2,400. It further asserted that the claim was entitled to priority as a claim for "wages" pursuant to Section 64, sub. a(2) of the Bankruptcy Act.1 A petition to expunge the Fund's claim was filed with the Referee by the trustee of the bankrupt. Prior to a hearing on the petition, a stipulation of facts was entered into...

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