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IN RE NEW YORK, O. & W. RY. CO.

No. 68276.

59 F.Supp. 863 (1942)

In re NEW YORK, O. & W. RY. CO.

District Court, S. D. New York.

January 6, 1942.

Attorney(s) appearing for the Case

Elbert N. Oakes, of New York City, for trustee.

Root, Clark, Buckner & Ballantine, of New York City, for group of Institution bondholders.

Hall, Cunningham, Jackson & Haywood, of New York City, for Federal Creosoting Co.

White & Case, of New York City, for Bankers Trust Co.

Willkie, Owen, Otis & Bailly, of New York City, for New York Trust Co.

HULBERT, District Judge.

The objections filed by Federal Creosoting Company bring on, as the sole question for review and determination, whether the Special Master properly denied the creditor's application for priority within the so-called "six months" rule.

The facts are not in dispute.

In October 1936 the debtor delivered to the creditor 15,066 railroad ties to be creosoted, all of which were so treated and 12,920 ties were delivered to the debtor...

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