IN RE HOTEL MARTIN CO. OF UTICA

No. 375.

114 F.2d 43 (1940)

In re HOTEL MARTIN CO. OF UTICA.

Circuit Court of Appeals, Second Circuit.

July 22, 1940.


Attorney(s) appearing for the Case

Bartle Gorman, Corporation Counsel, of Utica, N. Y. (Bartle Gorman and Daniel B. Myers, both of Utica, N. Y., of counsel), for appellant City of Utica.

August Merrill and S. Sheldon Judson, both of Utica, N. Y., for trustee-appellee William M. Martin.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

The Hotel Martin Company of Utica (hereinafter called the Company) is being reorganized under Section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207. Pursuant to proceedings taken, Revised Local assessment No. 72 Series of 1926 for paving the new street on the Abandoned Canal Lands in the City of Utica was levied on the properties affected by the local improvement, a part of which assessment it is alleged was improperly imposed...

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