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IN RE MERGENTIME, INC.

217 F.Supp. 887 (1963)

In the Matter of MERGENTIME, INC., Debtor.

United States District Court S. D. New York.

May 2, 1963.

Attorney(s) appearing for the Case

Louis P. Rosenberg, Brooklyn, N. Y., for petitioner.

Ehrich, Stock, Valicenti, Leighton & Holland, New York City, for respondent.

McLEAN, District Judge.

This case turns upon the meaning of the word "earned" as used in Section 64a(2) of the Bankruptcy Act (11 U.S.C. § 104(a) (2)), i. e., whether vacation pay is earned at the same moment as the right to receive it accrues. The Referee's finding that the vacation pay was earned when the right accrued, i. e., at the end of the 125-day period specified in Section 10B of the collective bargaining agreement, is actually a conclusion of law or...

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