Legal Opinion

In Re Lion Overall Co.

District Court, S.D. New York

Decided September 23, 1943No. 78528PublishedCited by 6 opinions

1Opinion of the Court

BRIGHT, District Judge.

The United States petitions for a review of an order of the referee expunging its claim upon the ground that it is for a penalty, and, therefore, not provable under Section 93, sub. j, of the Bankruptcy Act (11 U.S.C.A.), which provides that “Debts owing to the United States * * * as a penalty or forfeiture shall not be allowed, except for the amount of the pecuniary loss sustained * * I think the order must be reversed and the petition sustained.

On July 30, 1940, the bankrupt entered into a contract with the United States under which he agreed to furnish 25,000…

2Cases cited15 opinions

  1. Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
  2. United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
  3. Kothe v. R. C. Taylor TrustSupreme Court of the United States · 1930
  4. Wise v. United StatesSupreme Court of the United States · 1919
  5. Abner L. Duncan's Heirs & Representatives v. United StatesSupreme Court of the United States · 1833

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3Cited by6 opinions

  1. United States v. Le Roy Dyal Co., IncCourt of Appeals for the Third Circuit · 1950
  2. Harbor Island Spa, Inc. v. Norwegian America Line A/SDistrict Court, S.D. New York · 1970
  3. Gordon v. Woods. In Re Young CorpCourt of Appeals for the First Circuit · 1953
  4. Plymouth Village Fire District v. New Amsterdam Casualty Co.District Court, D. New Hampshire · 1955
  5. City of Rye v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1973

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