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DELAWARE & HUDSON CO. v. NEW YORK, NEW H. & H. R. CO.

No. 32, Docket 23551.

227 F.2d 291 (1955)

The DELAWARE AND HUDSON COMPANY, Petitioner-Appellant, v. The NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY and Connecticut Railway and Lighting Company, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided November 7, 1955.

Attorney(s) appearing for the Case

Frederick H. Wiggin, New Haven, Conn. (Wiggin & Dana and John W. Barnett, New Haven, Conn., on the brief), for petitioner-appellant.

J. H. Gardner, Jr., New Haven, Conn., for respondent-appellee New York, N. H. & H. R. Co.

Edward K. Hanlon, New York City (Beekman & Bogue and A. T. Wenzell, New York City, on the brief), for respondent-appellee Connecticut Railway & Lighting Co.

Before CLARK, Chief Judge, and MEDINA and LUMBARD, Circuit Judges.

CLARK, Chief Judge.

The Delaware and Hudson Company appeals from an order in the reorganization proceedings of The New York, New Haven and Hartford Railroad Company which dismissed its petition for reopening of Order 763, entered on Claim 82 in the reorganization proceedings on August 4, 1944. Although the Consummation Order and Final Decree in the proceedings was entered on September 11, 1947, the present petition was not filed until May 11, 1953, or nearly six years...

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