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IN RE FIDELITY TUBE CORPORATION

No. 12837.

278 F.2d 776 (1960)

In the Matter of FIDELITY TUBE CORPORATION, Bankrupt. In re BOROUGH OF EAST NEWARK and Raymond J. Otis, As Trustee In Bankruptcy of Fidelity Tube Corporation, Appellants.

United States Court of Appeals Third Circuit.

Reargued December 7, 1959; March 8, 1960.

May 3, 1960.

Attorney(s) appearing for the Case

Allan L. Tumarkin Newark, N. J. (Saul G. Schulter, Newark, N. J., on the brief), for appellant Borough of East Newark.

James E. Masterson, Newark, N. J. (Kleinberg, Moroney & Masterson, Newark, N. J., on the brief), for appellant Raymond J. Otis, as Trustee in Bankruptcy of Fidelity Tube Corp., Bankrupt.

Richard M. Roberts, Washington, D. C., Chester A. Weidenburner, U. S. Atty., Jerome D. Schwitzer, Asst. U. S. Atty., Newark, N. J. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Frank W. Rogers, Jr., Attys., Dept. of Justice, Washington, D. C., on the brief), for the United States.

Before BIGGS, Chief Judge, and GOODRICH, McLAUGHLIN, KALODNER, STALEY, HASTIE and FORMAN, Circuit Judges.

BIGGS, Chief Judge.

After attempting unsuccessfully to make an arrangement under Chapter XI of the Bankruptcy Act, as amended, 11 U.S.C.A. § 701 et seq., Fidelity Tube Corporation was adjudicated a bankrupt on February 9, 1954. In the ensuing proceedings the United States filed a claim covering taxes in three categories1. One category consisted of claims in respect to which assessments and demands had been made prior to the adjudication...

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