IN RE CHERRY VALLEY HOMES, INC.

No. 12533.

255 F.2d 706 (1958)

In the Matter of CHERRY VALLEY HOMES, INC., Debtor. United States of America, Appellant.

United States Court of Appeals Third Circuit.

Decided June 2, 1958.


Attorney(s) appearing for the Case

Chester A. Weidenburner, U. S. Atty., Newark, N. J. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Attorneys, Department of Justice, Washington, D. C., John H. Mohrfeld, III, Asst. U. S. Atty., Camden, N. J., on the brief).

George F. Lynch, Washington, D. C., for appellant.

Josiah E. Du Bois, Jr., Camden, N. J., for debtor.

Before MARIS, KALODNER and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

The disputed question here is whether the United States is entitled to have a certain claim paid out of the assets of Cherry Valley Homes, a corporation in reorganization under Chapter X of the Bankruptcy Act, 11 U.S.C.A. §§ 501-676, before provision is made for the claims of general creditors. The referee in bankruptcy and the district court denied the claim of priority, and the government has appealed.

Cherry Valley Homes...

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