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IN RE WILLIAM J. NEWMAN CO.

Nos. 6640, 6672.

101 F.2d 660 (1938)

In re WILLIAM J. NEWMAN CO. KLEIN-EXEL et al. v. SMART.

Circuit Court of Appeals, Seventh Circuit.

November 17, 1938.

Attorney(s) appearing for the Case

Robert McCormick Adams and E. Douglas Schwantes, both of Chicago, Ill., for Klein-Exel.

Maurice J. Mahoney, of Washington, D. C., and James W. Morris, Asst. Atty. Gen., Sewall Key, Norman D. Keller, and W. Croft Jennings, Sp. Assts. to Atty. Gen., and Michael L. Igoe, U. S. Atty., and David L. Bazelon, Asst. U. S. Atty., both of Chicago, Ill., for the United States.

M. Robert Sturman and Carl B. Nusbaum, both of Chicago, Ill. (M. Robert Sturman, of Chicago, Ill., of counsel), for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.

Appellee filed a claim for $17,531.39 against the estate of the bankrupt which was duly allowed. The correctness of this allowance is not challenged. In addition thereto, it was accorded the same priority as was allowed taxes under subsection (6) of section 64b, 11 U.S.C.A. § 104(b) (6), the section which determines the order in which claims or debts of a bankrupt are paid. Appellants challenge the correctness of the ruling as to priority. They concede to claimant the...

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