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IN RE FONDA, J. & G. R. CO.

No. 172.

126 F.2d 604 (1942)

In re FONDA, J. & G. R. CO. ZIMMER v. NEW YORK STATE TAX COMMISSION.

Circuit Court of Appeals, Second Circuit.

March 10, 1942.

Attorney(s) appearing for the Case

Maider & Maider, of Gloversville, N. Y. (Wesley H. Maider and Lydon F. Maider, both of Gloversville, N. Y., of counsel), for appellant-trustee.

John J. Bennett, Jr., Atty. Gen. of New York (Henry Epstein, Sol. Gen., and Timothy F. Cohan and Edward J. Grogan, Jr., Asst. Attys. Gen., of counsel), for appellee New York State Tax Commission.

Before SWAN, AUGUSTUS N. HAND and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from an order denying a motion by Judson Zimmer, trustee of Fonda, Johnstown & Gloversville Railroad Company (a New York corporation), appointed in a proceeding brought by the Railroad Company under Section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205, for its reorganization. The motion was to expunge and dismiss certain claims which had been filed in the proceeding by the State of New York to recover franchise...

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