325 F2d 436 Rapid Motor Lines Inc United States v. Groob

325 F.2d 436

In the Matter of RAPID MOTOR LINES, INC., Bankrupt.
UNITED STATES of America, Appellant,
v.
Irving GROOB, Trustee in Bankruptcy, Appellee.

No. 191.

Docket 28456.

United States Court of Appeals Second Circuit.

Argued November 20, 1963.

Decided January 7, 1964.

Appeal from an order of the United States District Court for the District of Connecticut, William H. Timbers, Judge, D.C., 223 F.Supp. 469.

The United States appeals from an order of the District Court confirming an order of the Referee in Bankruptcy charging the Small Business Administration, Lienor, with its pro rata share of the expenses of the sale of certain assets free and clear of the lien. Opinion below reported at 223 F.Supp. 469. Affirmed.

John W. Douglas, Asst. Atty. Gen., Washington, D. C., Robert C. Zampano, U. S. Atty., for the District of Connecticut, New Haven, Conn., Morton Hollander and Kathryn H. Baldwin, Attys., Dept. of Justice, Washington, D. C., for appellant.

Allen H. Duffy, New Haven, Conn. (Arthur S. Sachs, New Haven, Conn., on the brief), for appellee.

Before MEDINA, WATERMAN and MARSHALL, Circuit Judges.

PER CURIAM.

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1

We affirm the order of the District Court on the authority of In re Myers, 1928, 2 Cir., 24 F.2d 349. The principles controlling this case were there formulated by Judge Learned Hand and have been followed in this Circuit for thirty-five years. This case does not present an occasion for reappraisal of those principles. See generally 4 Collier, Bankruptcy § 70.99 at 1904-1910, 1917-1918 (14th ed. 1962); Annot., 48 A.L.R.2d 1343 (1956).

2

Affirmed.