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U. S. v. EMBASSY RESTAURANT

No. 174.

359 U.S. 29 (1959)

79 S.Ct. 554

3 L.Ed.2d 601

UNITED STATES v. EMBASSY RESTAURANT, INC., ET AL.

Supreme Court of United States.

Decided March 9, 1959.

Attorney(s) appearing for the Case

John F. Davis argued the cause for the United States. On the brief were Solicitor General Rankin, Assistant Attorney General Rice, Melva M. Graney and George F. Lynch.

Richard H. Markowitz argued the cause for the Welfare Funds, respondents. With him on the brief was Charles A. Rothman.

W. Randolph Montgomery filed a brief for the National Association of Credit Management, Inc., as amicus curiae, in support of the United States.

Jacob Sheinkman, Herbert Ferster and Mortimer Horowitz filed a brief for the Amalgamated Clothing Workers of America et al., as amici curiae, in support of respondents.

MR. JUSTICE CLARK delivered the opinion of the Court.

The sole issue involved here is whether contributions by an employer to a union welfare fund which are required by a collective bargaining agreement are entitled, in bankruptcy, to priority as being "wages . . . due to workmen" under § 64 (a) (2) of the Bankruptcy Act, as amended.1 Both the trial court, 154 F.Supp. 141...

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