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NEWBERG v. UNITED STATES

No. 45, Docket 26669.

296 F.2d 152 (1961)

Mal NEWBERG, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 21, 1961.

Attorney(s) appearing for the Case

Herbert M. Markham, of Markham & Strauss, New York City, for plaintiff-appellant.

Robert M. Hausman, Asst. U. S. Atty., S. D. N. Y., New York City (Robert M. Morgenthau, U. S. Atty., New York City, on the brief), for defendant-appellee.

Before CLARK, HINCKS, and FRIENDLY, Circuit Judges.

PER CURIAM.

We affirm on the reasoned opinion of Judge Metzner below, D.C.S.D.N.Y., 187 F.Supp. 158. As he shows, while failure of the government to file a tax claim against a bankrupt estate will prevent sharing in that estate, Bankruptcy Act, § 57, sub. n, 11 U.S.C. § 93, sub. n, yet the personal liability of the taxpayer remains and is not affected by a discharge, Bankruptcy Act, § 17, sub. a, 11 U.S.C. §...

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