NEW YORK, O. & W. RY. CO. v. PEOPLE OF STATE OF NEW YORK

No. 83, Docket No. 20350.

158 F.2d 769 (1947)

NEW YORK, O. & W. RY. CO. v. PEOPLE OF STATE OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

January 13, 1947.


Attorney(s) appearing for the Case

Nathan L. Goldstein, Atty. Gen. of State of New York (Wendell P. Brown, Sol. Gen., of Albany, and Samuel A. Hirshowitz, Asst. Atty. Gen., of counsel), for appellants.

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

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


CHASE, Circuit Judge.

The appellees who are the trustees of the New York, Ontario and Western Railway Company, a debtor in reorganization proceedings under § 77 of the Bankruptcy Act, 11 U.S.C.A. § 205, brought their petition in the reorganization court, the District Court for the Southern District of New York, for an order requiring the return of a security deposit made by the debtor to enable it to become a self...

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