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IN RE BRASSEL

No. 37103.

135 F.Supp. 827 (1955)

In the Matter of Walter E. BRASSEL and Lillian I. Brassel, Individually and as co-partners, trading under the firm name of Brassels; and Walter E. Brassel, under firm name of Elgin Restaurant and Diner, Bankrupts.

United States District Court N. D. New York.

June 8, 1955.

Attorney(s) appearing for the Case

Ernest E. DeRosa, Utica, for the Trustee.

Angelo N. Felice, Utica, for claimant.

BRENNAN, Chief Judge.

The sole question raised in this review involves the priority status in bankruptcy of a claim made against the bankrupt estates by the Trustees of a welfare fund.

The facts are not in dispute and are set forth in the decisions of the Referee of Oct. 1, 1954 and Mar. 29, 1955 and in his findings of Oct. 22, 1954 and Apr. 11, 1955. The two decisions and the two separate findings of the Referee are accounted for by the fact that the claim...

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