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IN RE COLUMBIA RY. GAS & ELECTRIC CO.

No. 3601.

24 F.2d 828 (1928)

In re COLUMBIA RY., GAS & ELECTRIC CO.

District Court, E. D. South Carolina.

March 13, 1928.

Attorney(s) appearing for the Case

Elliott & McLain, of Columbia, S. C., and George M. Le Pine, of Reading, Pa., for bankrupt.

Melton & Belser, of Columbia, S. C., for city of Columbia, S. C.

J. B. S. Lyles, of Columbia, S. C., for Broad River Power Co.

J. M. Daniel, Atty. Gen., of South Carolina, and Cordie Page, Asst. Atty. Gen., of South Carolina, for State of South Carolina.

ERNEST F. COCHRAN, District Judge.

The Columbia Railway, Gas & Electric Company filed its voluntary petition and was adjudicated a bankrupt. The state of South Carolina and the city of Columbia (the latter being a creditor of the bankrupt) filed a petition praying that the adjudication be vacated, on the ground that the bankrupt is "a railroad corporation" and therefore by the express terms of the Bankruptcy Act, as amended in 1910 (11 USCA § 22), excluded...

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