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LYFORD v. STATE OF NEW YORK

No. 111.

140 F.2d 840 (1944)

LYFORD et al. v. STATE OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

February 9, 1944.

Attorney(s) appearing for the Case

Jesse E. Waid, of New York City, for appellants.

Elbert N. Oakes, of New York City, for Frederic E. Lyford.

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

Willkie, Owen, Otis, Farr & Gallagher, of New York City, for The New York Trust Co.

Flynt & Sully, of New York City, for Westmoreland Coal Co.

Gerald J. Carey, Asst. Atty. Gen. (Nathaniel L. Goldstein, Atty. Gen., and Orrin G. Judd, Sol. Gen., of New York City, on the brief), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal from an order of the District Court in the reorganization proceedings, under § 77 of the Bankruptcy Act, 11 U.S.C.A. § 205, of the New York, Ontario & Western Railway Company made upon petition of the debtor's trustee and certain of its creditors objecting to claims of priority and lien of the State of New York in proof of certain grade crossing elimination claims. The order, so far as it went, substantially denied...

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