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AMERICAN BRAKE SHOE & FOUNDRY CO. v. NEW YORK RYS. CO.

No. 405.

85 F.2d 531 (1936)

AMERICAN BRAKE SHOE & FOUNDRY CO. v. NEW YORK RYS. CO.

Circuit Court of Appeals, Second Circuit.

August 13, 1936.

Attorney(s) appearing for the Case

Cotton, Franklin, Wright & Gordon, of New York City (Boykin C. Wright and J. A. Fowler, Jr., both of New York City, of counsel), for appellants-appellees receiver and reorganized company.

Paul Windels, Corp. Counsel, of New York City (Joseph L. Weiner and Herman Horowitz, both of New York City, of counsel), for appellee-appellant City of New York.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

In a creditor's suit in equity brought in the District Court for the Southern District of New York against New York Railways Company, a receiver of all the property of the defendant was appointed on March 20, 1919. This receiver duly qualified, and thereupon numerous surface street railway tracks, franchises, and other property of the defendant in the city of New York went into his custody. Pursuant to his duty to determine within a reasonable...

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