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IN RE REA EXPRESS, INC.

No. 75 B 253.

442 F.Supp. 71 (1977)

In re REA EXPRESS, INC., Bankrupt. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff-Appellee, v. REA EXPRESS, INC., Defendant-Appellant.

United States District Court, S. D. New York.

December 20, 1977.

Attorney(s) appearing for the Case

Jerome Murray, Hendler & Murray, Jason Wallach, New York City, for plaintiff-appellee.

William M. Kahn, Whitman & Ransom, Joseph A. Goldblum, New York City, for defendant-appellant.

OPINION

GRIESA, District Judge.

This appeal raises the legal issue whether, in an arrangement under Chapter XI of the Bankruptcy Act, workmen's compensation payments on behalf of the debtor in possession to employees injured before the commencement of the arrangement proceeding are "costs and expenses of administration" under § 64a(1) of the Bankruptcy Act, 11 U.S.C. § 104(a)(1). This Court reverses the decision of the Bankruptcy Court,...

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