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IN RE ERIE R. CO.

No. 9253.

133 F.2d 730 (1943)

In re ERIE R. CO. CITY OF YOUNGSTOWN v. ERIE R. CO.

Circuit Court of Appeals, Sixth Circuit.

February 19, 1943.

Attorney(s) appearing for the Case

I. Freeman, of Youngstown, Ohio (John A. Willo and I. Freeman, both of Youngstown, Ohio, on the brief), for appellant.

William T. Swanton, of Youngstown, Ohio (Manchester, Bennett, Powers & Ullman, William T. Swanton, and M. S. Wilkison, all of Youngstown, Ohio, on the brief) for appellee.

Before HICKS, SIMONS, and McALLISTER, Circuit Judges.

HICKS, Circuit Judge.

The Erie Railroad Company is in process of reorganization under Sec. 77 of the Bankruptcy Act, 11 U.S.C.A. § 205. This appeal is from an order confirming a report of a special master denying a claim of the City of Youngstown, Ohio, against the Railroad. This claim was for an amount contingent upon the outcome of an action for damages against the City by the Mahoning National Bank. The City and the...

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