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AETNA CASUALTY & SURETY CO. v. PORT OF NEW YORK AUTH.

182 F.Supp. 671 (1960)

AETNA CASUALTY AND SURETY COMPANY, Plaintiff, v. PORT OF NEW YORK AUTHORITY and the United States of America, Defendants.

United States District Court S. D. New York.

March 24, 1960.

Attorney(s) appearing for the Case

M. Carl Levine, Morgulas & Foreman, New York City, Albert Foreman, New York City, of counsel, for plaintiff.

Sidney Goldstein, New York City, for The Port of New York Authority.

S. Hazard Gillespie, Jr., U. S. Atty., New York City, William Scott Ellis, Asst. U. S. Atty., New York City, of counsel, for United States.

McGOHEY, District Judge.

This case involves the question whether Aetna's lien as completing surety of a defaulting contractor has priority over tax liens of the United States against a fund of $67,000 held by the Port of New York Authority. The latter asserts no claim to the money which consists in part of retained percentages of payments certified as earned by the contractor for work done; and in part of the unpaid portion of a bonus concededly due but not paid to...

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