1. Home
  2. Browse Decisions
  3. F.2d
  4. 259 F.2d
  5. 259 F.2d 33 (1958)
 

MASSACHUSETTS BONDING & INS. CO. v. STATE OF N. Y.

No. 337, Docket 25032.

259 F.2d 33 (1958)

MASSACHUSETTS BONDING AND INSURANCE COMPANY and United States of America, Claimants-Appellants, v. STATE OF NEW YORK, Claimant-Appellee. In re FAGO CONSTRUCTION CORPORATION, Bankrupt.

United States Court of Appeals Second Circuit.

Decided July 11, 1958.

Attorney(s) appearing for the Case

Mark N. Turner, of Brown, Kelly, Turner & Symons, Buffalo, N. Y. (Raymond C. Vaughan, Buffalo, N. Y., on the brief), for claimant-appellant Massachusetts Bonding & Insurance Co.

George F. Lynch, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., and John O. Henderson, U. S. Atty., W.D.N.Y., and John C. Broughton, Asst. U. S. Atty., Buffalo, N. Y., on the brief), for claimant-appellant United States.

Ruth Kessler Toch, Asst. Atty. Gen. of State of New York, Albany, N. Y. (Louis J. Lefkowitz, Atty. Gen. of State of New York, and Paxton Blair, Sol. Gen., New York City, and Michael P. Geraci, Asst. Atty. Gen., Buffalo, N. Y., on the brief), for State of New York, claimant-appellee.

Before CLARK, Chief Judge, and SWAN and LUMBARD, Circuit Judges.

CLARK, Chief Judge.

This is an appeal in a bankruptcy proceeding in which the parties contest their relative priorities to some $41,000 now left in the bankrupt's estate. Involved are claims of the United States for unpaid withholding, social security, and unemployment taxes, claims of the State of New York for unpaid franchise, motor fuel, and unemployment insurance taxes, and two claims of Massachusetts Bonding and Insurance Company, a surety on two contracts performed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases