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

No. 210.

126 F.2d 606 (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 appellee-appellant, Zimmer, Trustee.

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

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

AUGUSTUS N. HAND, Circuit Judge.

Franchise taxes are here involved that cover a period subsequent to the making of the order of April 20, 1933, approving the petition of the Fonda, Johnstown & Gloversville Railroad Company for reorganization under Section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205, and prior to the passage of the Act of Congress that went into effect June 18, 1934. Section 124a U.S.C.A. Title 28. The question of the trustee's liability under...

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