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MATTER OF UNITED CASKET CO., INC.

Nos. 78 C 78, 78 C 196 and 76 B 2740.

449 F.Supp. 261 (1978)

In the Matter of UNITED CASKET CO., INC., Bankrupt. YORK-HOOVER CORPORATION and Elgin Metal Casket Co., Inc., Plaintiffs, v. UNITED CASKET CO., INC., Department of Taxation & Finance of the State of New York and Internal Revenue Service of United States of America, Defendants.

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

March 27, 1978.

Attorney(s) appearing for the Case

Abraham, Koenig & Silver, New York City, for plaintiffs; Jacob W. Abraham, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendant Dept. of Taxation; Paul E. Dahlman, Deputy Asst. Atty. Gen., New York City, of counsel.

Finkel, Nadler & Goldstein, New York City, for defendant United Casket Co.; Harold S. Berzow, New York City, of counsel.

Memorandum of Decision

MISHLER, Chief Judge.

York-Hoover Corp. together with Elgin Metal Casket Co. ("York-Elgin") and the New York State Department of Taxation & Finance ("State") separately appeal from a decision rendered by Bankruptcy Judge C. Albert Parente on December 9, 1977, in an adversary proceeding which concerned the priority of various claims. York-Elgin appeals from that aspect of the decision which found the State possessed of a valid and...

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