STATE OF NEW YORK v. GEBHARDT

No. 45.

151 F.2d 802 (1945)

STATE OF NEW YORK v. GEBHARDT et al.

Circuit Court of Appeals, Second Circuit.

November 5, 1945.


Attorney(s) appearing for the Case

Jesse E. Waid, of New York City (White & Case, Herbert F. July, John S. DeJose, and Edward J. Kenn, all of New York City, on the brief for Bankers Trust Co.; Willkie, Owen, Otis, Farr & Gallagher and Walter H. Brown, Jr., all of New York City, on the brief for New York Trust Co.; Kaye, Scholer, Fierman & Hays and Harold L. Fierman, all of New York City, on the brief for Independent Group of Bondholders; and Elbert N. Oakes, of New York City, on the brief for Raymond L. Gebhardt and Ferdinand L. Sieghardt), for appellants.

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

Before L. HAND, SWAN, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

This is an appeal from an order of the District Court in the reorganization proceedings of New York, Ontario & Western Railway Company, which gave priority to grade crossing elimination claims of the State of New York under § 4 (3) of the Grade Crossing Elimination Act, Laws 1928, c. 678, McKinney's Unconsolidated Laws, § 7904(3), as amended by Laws 1940, c. 396. The case was before us in Lyford v. State of New York, 2 Cir.,

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