Lawrence T. Lasagna, Inc. v. Foster

I concur only in that portion of my Brother’s Opinion which holds that the two lower courts erred in determining that Section 17(a)(4) of the Bankruptcy Act1 was inapplicable under the facts as alleged by the judgment creditor, Lawrence T. Lasagna, *397Inc. (“Lasagna”). From the conclusion that Section 17(a)(8)2 is applicable, however, I respectfully dissent.

In its original action in state court, Lasagna sought to recover from Progressive Farming, Inc. (“Progressive”) and the three bankrupt appellees for tomato harvesting services rendered to Progressive by Lasagna. The state court awarded…