CONNECTICUT RY. & LIGHTING CO. v. PALMER

No. 201.

109 F.2d 568 (1940)

CONNECTICUT RY. & LIGHTING CO. v. PALMER. In re NEW YORK, N. H. & H. R. CO.

Circuit Court of Appeals, Second Circuit.

February 13, 1940.


Attorney(s) appearing for the Case

Emmet, Marvin & Martin, of New York City (George W. Martin, of New York City, of counsel), for appellant.

Hermon J. Wells, of New Haven, Conn., and James Garfield, of Boston, Mass., for appellees.

Robert G. Dodge and Talcott M. Banks, Jr., both of Boston, Mass., amici curiae.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.


PATTERSON, Circuit Judge.

The claim is for damages on rejection of a lease by a railroad in course of reorganization under section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205. The claim has already been considered by this court and by the Supreme Court, and is here again after a second trial in the district court.

The claimant leased a street railway system to the New Haven for a 999 year term beginning in 1906. The agreed rent was $1,049,563.50 a year...

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