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DURYEE v. ERIE R. CO.

Nos. 10785, 10786.

175 F.2d 58 (1949)

DURYEE v. ERIE R. CO. ERIE R. CO. v. DURYEE.

United States Court of Appeals Sixth Circuit.

June 1, 1949.

Attorney(s) appearing for the Case

Richard Swan Buell, New York City, and Eugene B. Schwartz, Cleveland, Ohio (Walter T. Margetts, Jr., New York City, Frederick Frey, Cleveland, Ohio, Andrew M. Calamari, New York City, on the brief), for Peter Duryee.

John A. Hadden, and John S. Beard, Jr., Cleveland, Ohio (M. C. Smith, Jr., Cleveland, Ohio, on the brief), for Erie R. Co.

Before HICKS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

Appellant is trustee of the property of the New Jersey and New York Railroad Company (hereinafter referred to as New Jersey) in reorganization proceedings under Section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205, in the District Court for the District of New Jersey. Appellee Erie Railroad Company was heretofore reorganized in 1941 under Section 77 of the Bankruptcy Act in the Northern District of Ohio. Appellant brought his suit against...

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