United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 7, 1954.
Decided July 2, 1954.
Attorney(s) appearing for the Case
Samuel Zirn, New York City, pro. per.
Nathaniel M. Sokolski, New York City, for Henry I. Cohen, Bondholder-Appellant.
Kelley, Drye, Newhall & Maginnes, New York City (Francis S. Bensel, Hovey C. Clark and Leland J. Markley, New York City, of counsel), for appellee, The Hanover Bank, as Trustee under the Equipment Trusts of 1945 and 1947.
Elbert N. Oakes, New York City, for appellee Ferdinand J. Sieghardt, as Trustee of New York, Ontario and Western Railway Company.
Before CHASE, Chief Judge, and FRANK and HINCKS, Circuit Judges.
United States Court of Appeals, Second Circuit.
FRANK, Circuit Judge.
Appellants contend that Smith v. Hoboken R. R. Warehouse & S. S. Connecting Co., 328 U.S. 123, 66 S.Ct. 947, 951, 90 L.Ed. 1123, is "decisive of this appeal." There the debtor railroad, in reorganization-bankruptcy under Section 77 of the Bankruptcy Act, was the lessee of a short-line railroad. The lease, executed long before the bankruptcy, provided, in effect, that the lessor had the power to terminate the...
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