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IN RE WILKES-BARRE & E. R. CO.

No. 9660.

46 F.Supp. 12 (1942)

In re WILKES-BARRE & E. R. CO.

District Court, M. D. Pennsylvania.

August 18, 1942.

Attorney(s) appearing for the Case

Thomas C. Evans, of Harrisburg, Pa., for petitioner Pennsylvania Department of Highways.

Leo W. White, of Pittston, Pa., for Joseph P. Jennings, trustee.

JOHNSON, District Judge.

This is a petition and claim of the Commonwealth of Pennsylvania, by the Department of Highways, against certain funds in the hands of the trustee, resulting from a sale of the entire property of the above debtor. The petition involves the right of the Commonwealth of Pennsylvania to a priority in the payment of its claim, before the satisfaction of a $3,000,000 first mortgage formerly a lien on the sold premises, and now held by the New York...

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