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BURNS BROS. v. LONG ISLAND R. CO.

No. 255, Docket 21315.

176 F.2d 950 (1949)

BURNS BROS. v. LONG ISLAND R. CO. et al. PALMER et al. v. BURNS BROS. NO. 77 et al. The TRANSFER NO. 7.

United States Court of Appeals Second Circuit.

Decided September 26, 1949.

Attorney(s) appearing for the Case

Alexander & Ash, New York City, for Burns Bros.

John J. McElhinny, New York City, for Central R. Co. of New Jersey and Walter P. Gardner, as sole surviving Trustee of the property of the Central R. Co., of New Jersey.

Before SWAN and CHASE, Circuit Judges, and SMITH, District Judge.

PER CURIAM.

A petition for a rehearing has been filed by Burns Bros., which is limited to the question of the secondary liability of Central on principles applicable to a proceeding in rem against its carfloat. Such action has been prompted by the fact that Long Island has become insolvent since the inception of this suit and proceedings for its reorganization are pending in the District Court for the Eastern District of New York. As a consequence there is a possibility...

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