Legal Opinion

In Re Capital Service, Inc.

District Court, S.D. California

Decided December 22, 1955No. 58071PublishedCited by 9 opinions

1Opinion of the Court

JAMES M. CARTER, District Judge.

This is a review of an order of a Referee in Bankruptcy, and concerns the question as to whether vacation pay is part of an employee’s wage, and whether employees may have a claim allowed as an administration expense for such pay, earned during the period in which a debt- or in possession operated a business under an order of the bankruptcy court.

The Facts

A Petition for Arrangement by Capital Service, Inc., was filed September 14, 1953, under Chap. XI, Sec. 322, 11 U.S. C.A. § 722. A plan of Arrangement, also filed September 14, 1953, alleged the character of…

2Cases cited22 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. In Re Public Ledger, Inc.Court of Appeals for the Third Circuit · 1947
  3. In Re Wil-Low CafeteriasCourt of Appeals for the Second Circuit · 1940
  4. American Surety Co. of NY v. SampsellSupreme Court of the United States · 1946
  5. City of New York v. RassnerCourt of Appeals for the Second Circuit · 1942

17 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Die & Mold, Inc. v. WesternIndiana Court of Appeals · 1983
  2. Local Joint Executive Board, Afl-Cio v. Hotel Circle, Inc.Court of Appeals for the Ninth Circuit · 1980
  3. Davenport Osteopathic Hospital Ass'n v. Hospital Service, Inc.Supreme Court of Iowa · 1967
  4. Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes, Afl-Cio v. Rea Express, Inc., Debtor, Rea Express, Inc., Debtor-In-Possession, International Association of MacHinists and Aerospace Workers, Afl-Cio v. Rea Express, Inc., Debtor, Rea Express, Inc., Debtor-In-PossessionCourt of Appeals for the Second Circuit · 1975
  5. In Re Price Chopper Supermarkets, Inc.United States Bankruptcy Court, S.D. California · 1982

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