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IN RE THRIFTWAY AUTO RENTAL CORP.

No. 321, Docket 71-1569.

457 F.2d 409 (1972)

In the Matter of THRIFTWAY AUTO RENTAL CORP., Bankrupt. UNITED STATES of America, Appellant, v. Robert P. HERZOG, Trustee, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided March 8, 1972.

Attorney(s) appearing for the Case

Susan Freiman, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y.; Alan B. Morrison, Asst. U. S. Atty., on the brief) for appellants.

Cornelius F. Roche, New York City (J. Lee Rankin, Corp. Counsel of the City of New York; Stanley Buchsbaum and Samuel J. Warms, New York City, on the brief), for appellee City of New York.

Before LUMBARD, WATERMAN and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

The United States appeals from an unreported Memorandum Decision of the United States District Court for the Southern District of New York, Thomas F. Croake, J., reversing a decision of Edward J. Ryan, Referee in Bankruptcy, and holding that New York City's tax lien of $16,307.33 upon the property of the bankrupt, Thriftway Auto Rental Corp., is entitled to priority over two federal tax liens of $9,851.48 and $3,934.86.1...

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