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IN RE MODERNEER FOOTWEAR CO.

No. 54655.

180 F.Supp. 214 (1959)

In re MODERNEER FOOTWEAR CO. Inc., Bankrupt.

United States District Court E. D. New York.

November 18, 1959.

Attorney(s) appearing for the Case

Alexander H. Rockmore, New York City, for trustee.

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern District of New York, Brooklyn, N. Y., Ann B. Miele, Asst. U. S. Atty., Brooklyn, N. Y., of counsel, for United States of America.

Charles H. Tenney Corporation Counsel of the City of New York, New York City, Stanley Buchsbaum, Bernard H. Sherris, Cornelius F. Roche, New York City, of counsel, for the City of New York.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, Samuel Stern, Asst. Atty. Gen., Abraham M. Jukovsky, Attorney of counsel for Industrial Commissioner of the State of New York priority claimant.

BRUCHHAUSEN, Chief Judge.

The Industrial Commissioner of the State of New York, also the City of New York petition for review of the order of Hon. Samuel C. Duberstein, Referee in Bankruptcy, dated June 29, 1959.

The principal issue is whether the Government's tax claims are entitled to lien status under Section 67 sub. b of the Bankruptcy Act, 11 U.S.C.A. § 107, sub. b. Concededly, the bankrupt executed an assignment for the benefit of creditors on October...

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