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IN RE LION OVERALL CO.

No. 78528.

55 F.Supp. 789 (1943)

In re LION OVERALL CO., Inc.

District Court, S. D. New York.

September 23, 1943.

Attorney(s) appearing for the Case

Benjamin Siegel, of New York City (Benjamin Brownstein, of New York City, of counsel), for trustee.

Howard F. Corcoran, U. S. Atty., of New York City (R. Lewis Townsend, Asst. U. S. Atty., of New York City, of counsel), for the United States.

BRIGHT, District Judge.

The United States petitions for a review of an order of the referee expunging its claim upon the ground that it is for a penalty, and, therefore, not provable under Section 93, sub. j, of the Bankruptcy Act (11 U.S.C.A.), which provides that "Debts owing to the United States * * * as a penalty or forfeiture shall not be allowed, except for the amount of the pecuniary loss sustained * * *." I think the order must be reversed and the petition...

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