SEABOARD AIR LINE R. CO. v. SAVANNAH UNION STATION CO.

No. 13761.

196 F.2d 431 (1952)

SEABOARD AIR LINE R. CO. v. SAVANNAH UNION STATION CO.

United States Court of Appeals, Fifth Circuit.

On Rehearing June 18, 1952.


Attorney(s) appearing for the Case

T. M. Cunningham, Savannah, Ga., Harold J. Gallagher, New York City, James B. McDonough, Jr., Norfolk, Va., for appellant.

Henry L. Walker, Washington, D. C., Charles Cook Howell, Wilmington, N. C., for appellee.

Before SIBLEY, RUSSELL and RIVES, Circuit Judges.


RUSSELL, Circuit Judge.

The determination of this appeal requires answer to the question whether the purchaser in a railroad receivership reorganization of the properties and rights in and under leases and operating agreements of the insolvent company, and its receivers, who, by the provisions of the sale, is given the right, within the time provided "to elect not to assume or adopt" any executory contract, and that "no user...

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