Joint Industry Board of Electrical Industry v. United States

An employer's unpaid contributions to an employees' annuity plan established by a collective bargaining contract are not entitled to a priority under § 64a (2) of the Bankruptcy Act, which grants priority, limited to $600 and to wages earned within three months before commencement of bankruptcy proceedings, to "wages... due to workmen." United States v. Embassy Restaurant, Inc., 359 U.S. 29 (1959), followed. Pp. 225-229.

379 F. 2d 211, affirmed.

Harold Stern argued the cause for petitioners. With him on the brief for petitioner Joint Industry Board of the Electrical Industry was ''Norman Rothfeld. Max Schwartz'' filed a brief for petitioner Trustee in Bankruptcy of A & S Electric Corp.

Lawrence G. Wallace argued the cause for the United States. On the brief were Solicitor General Griswold, Assistant Attorney General Rogovin, Harris Weinstein, and Crombie J. D. Garrett.

J. Albert Woll, Laurence Gold, and Thomas E. Harris filed a brief for the American Federation of Labor and Congress of Industrial Organizations, as amicus curiae, urging reversal.