DIGGS v. PENNSYLVANIA PUBLIC UTILITY COMMISSION

No. 10118.

180 F.2d 623 (1950)

Bessie DIGGS et al. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION et al.

United States Court of Appeals Third Circuit.

Decided March 2, 1950.


Attorney(s) appearing for the Case

Hymen Schlesinger, Pittsburgh, Pa., for appellants.

Samuel L. Fuss, Pittsburgh, Pa., for Trustees of Pittsburgh Rys. Co.

Lloyd S. Benjamin, Harrisburg, Pa. for Pa. Public Utility Commission.

Maurice J. Dix, New York City, for Guggenheim, et al.

Before BIGGS, Chief Judge and MARIS and KALODNER, Circuit Judges.


BIGGS, Chief Judge.

The suit at bar is brought by Diggs, a judgment creditor of Pittsburgh Railways Company (the Company), as a class action on behalf of "all" creditors of the Company, against the Pennsylvania Public Utility Commission (the Commission), against the Company and against trustees appointed by the court below for the Company pursuant to Section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207. The other plaintiffs, Wright and Lazeris, fare-paying patrons...

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