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IN RE JOHNSON ELECTRICAL CORPORATION

No. 683, Docket 35029.

442 F.2d 281 (1971)

In the Matter of JOHNSON ELECTRICAL CORPORATION, Debtor. UNITED STATES of America, Appellant, v. JOHNSON ELECTRICAL CORPORATION, Debtor-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 4, 1971.

Attorney(s) appearing for the Case

Susan Freiman, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, and Alan B. Morrison, Asst. U. S. Atty., of counsel), for appellant.

Elias Mann (Levin & Weintraub, New York City, of counsel), for debtor-appellee.

Before LUMBARD, Chief Judge, FRIENDLY and KAUFMAN, Circuit Judges.

FRIENDLY, Circuit Judge:

The United States filed a tax claim of $17,048.82 in the proceeding of Johnson Electrical Corporation in the District Court for the Southern District of New York, begun on March 17, 1967, for an arrangement under Chapter XI of the Bankruptcy Act. Under § 17 of the Act such a claim is not dischargeable. It was paid in full, without post-petition interest, on December 24, 1968, about a month after confirmation of the arrangement. In April...

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