Legal Opinion · Dissent

United States v. Embassy Restaurant, Inc.

Supreme Court of the United States

Decided March 9, 1959No. 174Published

1Dissent

Mb. Justice Black, with whom The Chief Justice and Mr. Justice Douglas concur,

dissenting.

I believe payments made by employers to union welfare funds are “wages . . . due to workmen . . . ,” under the Bankruptcy Act’s priority section.1 The history of the séction is one of continuous congressional expansion. Priority for the “full amount of the wages due” on account of .“any labór as an operative in the service of any rbank-*36rupt” was first granted in the 1841 Bankruptcy Act; it was limited to $25.2 The Bankruptcy Acts of 1867 and 1898 increased the sum, available to each claimant and broadened…

2Cases cited20 opinions

  1. Brown v. MarylandSupreme Court of the United States · 1827
  2. United States Ex Rel. Sherman v. Carter Constr. Co.Supreme Court of the United States · 1957
  3. Inland Steel Co. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1949
  4. Shropshire, Woodliff & Co. v. BushSupreme Court of the United States · 1907
  5. Glandzis v. CallinicosCourt of Appeals for the Second Circuit · 1944

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