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A. K. ELECTRIC CORP. v. CITY OF NEW YORK

No. 590, Docket 73-2277.

495 F.2d 1156 (1974)

In the Matter of A. K. Electric Corp., Debtor. A. K. ELECTRIC CORP., Appellee, v. The CITY OF NEW YORK, Appellant.

United States Court of Appeals, Second Circuit.

Decided April 5, 1974.

Attorney(s) appearing for the Case

S. A. Hauptman, Brooklyn, N. Y. (Hauptman & Hauptman, Brooklyn, N. Y., on the brief), for appellee.

Samuel J. Warms, New York City (Adrian P. Burke, Corp. Counsel, City of New York, Cornelius F. Roche, Louis Pollack, New York City, of counsel), for appellant.

Before KAUFMAN, Chief Judge, and FEINBERG and MULLIGAN, Circuit Judges.

PER CURIAM:

The debtor, A. K. Electric Corp., filed a petition in the United States District Court, Eastern District of New York, on August 4, 1971 for an arrangement with creditors under Chapter XI of the Bankruptcy Act. The City of New York filed its proof of claim on November 2, 1971 for estimated excise and income tax deficiencies in the sum of $2,200. During an examination of the debtor's books, a City auditor discovered that in 1966 the debtor had realized net...

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