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IN RE NEW YORK, O. & W. R. CO.

No. 114, Docket 21489.

178 F.2d 765 (1950)

In re NEW YORK, O. & W. R. CO.

United States Court of Appeals Second Circuit.

Decided January 3, 1950.

Attorney(s) appearing for the Case

Weschler & Kohn, New York City, attorneys for appellant; J. Charles Weschler and Walter T. Kohn, New York City, counsel.

Elbert N. Oakes, New York City, attorney for Raymond L. Gebhardt and Ferdinand J. Sieghardt, trustees in bankruptcy;

White & Case, attorneys for Bankers Trust Co., as trustee;

Willkie, Owen, Farr, Gallagher & Walton, New York City, attorneys for The New York Trust Company, as trustee;

Elbert N. Oakes, Jesse Waid and Walter H. Brown, Jr., New York City, counsel, for respondents-appellees.

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

PER CURIAM.

The Machine Tool and Equipment Corp. filed a petition in the District Court for the Southern District of New York praying that the respondents Gebhardt and Sieghardt, trustees in bankruptcy of New York, Ontario and Western Railway Company, be required to repay to the petitioner $5,259.84 because of an alleged overpayment by the latter to the trustees for repair work on certain locomotives. While the petitioner originally asked for a larger recovery its...

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