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IN RE PHILADELPHIA RAPID TRANSIT CO.

Nos. 7436, 7454, No. 7456.

117 F.2d 730 (1941)

In re PHILADELPHIA RAPID TRANSIT CO. IKEBE et al. v. PHILADELPHIA RAPID TRANSIT CO. McANANY et al. v. SAME. MITTEN v. SAME.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied February 24, 1941.

Attorney(s) appearing for the Case

Walter B. Gibbons, of Philadelphia, Pa., for appellants in No. 7436.

Hugh McAnany, Jr., of Philadelphia, Pa., for appellant in 7454.

Isaac Grossman, of Philadelphia, Pa., for appellant in 7456.

Frank A. Bedford, Jr., and George Wharton Pepper, both of Philadelphia, Pa., for appellee.

Before CLARK, JONES, and GOODRICH, Circuit Judges.

JONES, Circuit Judge.

The question presented by these appeals is whether the Philadelphia Rapid Transit Company assumed liability for the payment of certain annuities bequeathed by the will of Thomas E. Mitten, deceased. The annuitants pressed such claims in the proceeding below for the reorganization of the Transit Company, a debtor. The District Court held that the asserted liability did not exist and directed that the debtor "discontinue payments of the sums of...

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