IN RE THIRD AVENUE TRANSIT CORPORATION


138 F.Supp. 623 (1955)

Matter of THIRD AVENUE TRANSIT CORPORATION, Surface Transportation Corporation of New York, Westchester Street Transportation Company, Inc., The Westchester Electric Railroad Company, Warontas Press, Inc., Debtors.

United States District Court S. D. New York.

May 3, 1955.


Attorney(s) appearing for the Case

Saxe, Bacon, O'Shea & Bryan, New York City, Edward Burns, New York City, of counsel, for trustee.

John L. Flynn, New York City, for claimant Sicilian Asphalt Paving Co., Inc.


DIMOCK, District Judge.

Six unsecured creditors of these debtors dispute the Trustee's failure to classify their claims as "six-months claims". Possible preferential treatment of an as yet undetermined extent turns upon such classification. In the Trustee's proposed plan of reorganization "six-months claims" are described, in Article I, as follows:

"Six-Months Claims: All claims, as defined,1 which are entitled to priority...

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