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PLEASANTVILLE BD. OF EDUCATION v. AIKEN

69 N.J. Super. 70 (1961)

173 A.2d 527

THE BOARD OF EDUCATION OF THE CITY OF PLEASANTVILLE, IN THE COUNTY OF ATLANTIC AND STATE OF NEW JERSEY, PLAINTIFF, v. EARLE R. AIKEN, TRADING AS AIKEN'S UPHOLSTERING CO.; HARTFORD ACCIDENT AND INDEMNITY COMPANY, A CORPORATION; REINHART INC., A CORPORATION OF THE STATE OF PENNSYLVANIA; WILLIAM J. LICHTENBERGER, TRADING AS W.J. LICHTENBERGER CO.; ROSE BEDDING CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY; EMPIRE TEXTILE CORPORATION, A CORPORATION; NATIONAL TEXTILES INC., A CORPORATION; SAMUEL G. SCHIFFER; ATLANTIC COUNTY DISTRICT COURT; LOUIS DeFEO, SERGEANT-AT-ARMS, ATLANTIC COUNTY DISTRICT COURT, AND THE UNITED STATES OF AMERICA, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided August 2, 1961.

Attorney(s) appearing for the Case

Mr. Chester A. Weidenburner, United States Attorney (Mr. Frank J. Ferry, Assistant United States Attorney, appearing), attorney for the United States of America, by intervention.

Mr. Robert Neustadter appeared for defendant, Reinhart, Inc. (Messrs. Perskie and Perskie, attorneys).

Mr. I. Charles Lifland, attorney for defendant, Hartford Accident and Indemnity Company.

Mr. Harry Miller, attorney for judgment creditor.

Mr. Saul C. Gorson, attorney for judgment creditor.

Mr. James N. Butler appeared for judgment creditor (Messrs. Moore & Butler, attorneys).

WICK, J.S.C.

This matter comes before the court for determination of priorities as to funds now held by the Clerk of this court, resulting from an interpleader action by plaintiff.

On January 31, 1958 the United States assessed Earle R. Aiken, trading as Aiken's Upholstering Company, in the sum of $3,383.91 for arrearages on unpaid withholding taxes for the years 1955, 1956, and 1957. After making three unsuccessful demands upon Aiken for payment, a federal...

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