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IN RE GEN. ASSIGNMENT FOR BENEFIT FOR CREDITORS OF XAVIERS, INC.

66 N.J. Super. 561 (1961)

169 A.2d 708

IN THE MATTER OF THE GENERAL ASSIGNMENT FOR THE BENEFIT FOR CREDITORS OF XAVIERS, INC., T/A THE WELL, A NEW JERSEY CORPORATION, ASSIGNOR, TO MYRON S. LEHMAN, ASSIGNEE. UNITED STATES OF AMERICA, APPELLANT, v. MYRON S. LEHMAN, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 1961.

Attorney(s) appearing for the Case

Mr. Raymond W. Young, Assistant United States Attorney, argued the cause for appellant (Mr. Chester A. Weidenburner, United States Attorney, attorney; Mr. Young on the brief).

Mr. James E. Masterson argued the cause for respondent (Messrs. Kleinberg, Moroney & Masterson, attorneys).

Mr. Allan L. Tumarkin, by leave of court, filed a brief as amicus curiae.

Before Judges CONFORD, FREUND and KILKENNY.

The opinion of the court was delivered by FREUND, J.A.D.

This appeal by the United States, a priority creditor of the corporate assignor, Xaviers, Inc., t/a The Well, is from a judgment of the Essex County Court, Probate Division, awarding commissions to the assignee and counsel fees to his attorneys, as well as reimbursing both for out-of-pocket disbursements on behalf of the estate.

The assignor had been engaged...

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