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PUBLIC SERVICE COMMISSION v. PHILADELPHIA RAPID T. CO.

Nos. 5954, 5955.

82 F.2d 481 (1935)

PUBLIC SERVICE COMMISSION OF PENNSYLVANIA v. PHILADELPHIA RAPID TRANSIT CO. et al. WILSON v. SAME.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied February 19, 1936.

Attorney(s) appearing for the Case

Richard J. Beamish, of Harrisburg, Pa., Louis E. Levinthal, Sp. Counsel, of Philadelphia, Pa., Charles J. Margiotti, Atty. Gen. of Pennsylvania, and S. Davis Wilson, of Philadelphia, Pa., for appellants.

Frederic L. Ballard, Francis B. Bracken, W. W. Montgomery, Jr., M. B. Saul, William E. Mikell, Jr., John J. Sullivan, and Joseph Gilfillan, all of Philadelphia, Pa., for appellees Philadelphia Rapid Transit Co. and others.

Before DAVIS, Circuit Judge, and WATSON and FORMAN, District Judges.

DAVIS, Circuit Judge.

This case is here on motions to dismiss two appeals from an order of the District Court awarding $700,000 to be distributed by the Philadelphia Rapid Transit Company, the principal debtor, hereinafter called the debtor, to twenty-one lessor companies as additional debtors, known as the "Underliers" for use and occupancy by the debtor of the property of the underliers. One of the appeals is by S. Davis Wilson, as controller of the city of Philadelphia...

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