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ROBISON-ANTON TEXTILE CO. v. EMBROIDERY PROD. CORP

97 N.J. Super. 507 (1967)

235 A.2d 483

ROBISON-ANTON TEXTILE CO., ETC., PLAINTIFF, v. EMBROIDERY PRODUCTS CORPORATION, ETC., DEFENDANT. UNITED STATES OF AMERICA, CREDITOR-APPELLANT, AND THEODORE COHEN, RECEIVER OF EMBROIDERY PRODUCTS CORPORATION, ETC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 1967.

Attorney(s) appearing for the Case

Mr. Matthew J. Scola, Assistant United States Attorney, argued the cause for appellant United States of America (Mr. David M. Satz, Jr., United States Attorney, attorney).

Mr. Marvin A. Stern argued the cause for respondent Theodore Cohen, receiver of Embroidery Products Corporation (Messrs. Bozzuffi and Stern, attorneys).

No appearance for respondent wage-claimants.

Before Judges CONFORD, COLLESTER and LABRECQUE.

PER CURIAM.

The trial court awarded priority of lien against the assets of defendant corporation in favor of wage claimants as against taxes due and owing the United States of America. The order of adjudication of insolvency was entered in the Chancery Division April 30, 1965. The wage claims were for periods up to April 3, 1965. The taxes had accrued and were due long prior to insolvency.

The trial court erred, perhaps because of the absence of supporting...

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