OLD COLONY R. CO. v. NEW YORK, N. H. & H. R. CO.

No. 379.

98 F.2d 670 (1938)

OLD COLONY R. CO. v. NEW YORK, N. H. & H. R. CO.

Circuit Court of Appeals, Second Circuit.

July 25, 1938.


Attorney(s) appearing for the Case

Robert G. Dodge and Talcott M. Banks, Jr., both of Boston, Mass., for Old Colony R. Co.

Nathaniel W. Smith, of Providence, R. I. (James Garfield, of Boston, Mass., Hermon J. Wells, of Hartford, Conn., and Herbert H. Corbin, of New Haven, Conn., of counsel), for New York, N. H. & H. R. Co.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

This case comes up on the appeal of both parties from an order in bankruptcy in a proceeding to reorganize the New York, New Haven & Hartford Railroad under § 77 of the Bankruptcy Act, 11 U.S.C.A. § 205. The Old Colony R. R. filed two claims against the debtor, which together contained seven different items; and the New Haven filed a cross-claim as a set off. The general background of fact was as follows: In 1888 the Old Colony...

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