Legal Opinion · Concurring in part, dissenting in part

United States v. Harry Saidman, Trustee, Lobel Enterprises, Inc.

Court of Appeals for the D.C. Circuit

Decided April 23, 1956No. 12623_1Published

1Concurring in part, dissenting in partBastian, Circuit Judge

I concur in so much of Judge Washington’s opinion as holds the lien of the District of Columbia to be superior to that of the United States; but believe that the landlord’s statutory lien is superior to those of both the United States and the District of Columbia.

This case involves a dispute over priority of payment out of assets in the hands of an assignee for the benefit of creditors. Claims to the fund are (1) landlord’s lien for rent, (2) claim of the United States for unpaid federal income withholding taxes, 26 U.S.C.A. (Internal Revenue Code of 1939) §§ 1621-1636, and Federal Insurance…

2Cases cited29 opinions

  1. United States v. City of New BritainSupreme Court of the United States · 1954
  2. United States v. Security Trust & Savings BankSupreme Court of the United States · 1950
  3. United States v. Gilbert Associates, Inc.Supreme Court of the United States · 1953
  4. Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
  5. United States v. Waddill, Holland & Flinn, Inc.Supreme Court of the United States · 1945

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