IN RE NEW YORK, S. & W. R. CO.

Nos. 7159, Nos. 7164-7167, No. 7184.

109 F.2d 988 (1940)

In re NEW YORK, S. & W. R. CO.

Circuit Court of Appeals, Third Circuit.

As Amended on Denial of Rehearing March 18, 1940.


Attorney(s) appearing for the Case

Larkin, Rathbone & Perry, of New York City, and Pitney, Hardin & Skinner, of Newark, N. J. (A. M. Lewis and Hovey C. Clark, both of New York City, Donald B. Kipp, of Newark, N. J., and Curtis Heath, of New York City, of counsel), for Central Hanover Bank & Trust Co.

J. Harlin O'Connell, of New York City, and John A. Laird, of Newark, N. J. (Ballard, Spahr, Andrews & Ingersoll, of Philadelphia, Pa., of counsel), for New York Trust Co.

Harrison & Roche and Edward S. Sanford, all of Newark, N. J. (J. H. Harrison, of Newark, N. J., of counsel), for National State Bank of Newark, N. J.

H. A. Taylor, of Cleveland, Ohio, and William Clark Mason, of Philadelphia, Pa., for C. E. Denney and John A. Hadden, Trustees of Erie R. Co.

Anderson, Williamson, Rugge & Coleman, of Jersey City, N. J. (J. Fisher Anderson and Raymond A. Coleman, both of Jersey City, N. J., of counsel), for Commercial Trust Co. of New Jersey.

Stewart & Shearer, of New York City, and Langdon E. Morris, of Newark, N. J. (George L. Shearer and McCready Sykes, both of New York City, and Langdon E. Morris, of Newark, N. J., of counsel), for United States Trust Co. of New York.

Before BIGGS, MARIS, and BIDDLE, Circuit Judges.


MARIS, Circuit Judge.

These are appeals from an order of the District Court for the District of New Jersey, fixing and determining the extent and priority of various mortgage liens upon the property of the New York, Susquehanna and Western Railroad Company, the debtor in a railroad reorganization proceeding pending in that court under section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205.

The corporate history of the debtor began on March 25, 1880, when...

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