IN RE THIRD AVENUE TRANSIT CORPORATION

No. 216, Docket 23825.

233 F.2d 310 (1956)

Matters 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. Lester T. Doyle, as Trustee in Reorganization, Appellee, Circle Line-Sightseeing Yachts, Inc., and Martin Killoran, Appellants.

United States Court of Appeals Second Circuit.

Decided May 9, 1956.


Attorney(s) appearing for the Case

Osborne A. McKegney, New York City (Shanley & McKegney, New York City, on the brief), for appellants-respondents.

Edward D. Burns, New York City (Saxe, Bacon, O'Shea & Bryan, and Stuart Riedel, New York City, on the brief), for trustee-appellee.

Before MEDINA, HINCKS and WATERMAN, Circuit Judges.


HINCKS, Circuit Judge.

The facts out of which this controversy arose are simple. The appellee is the Trustee of an operating omnibus system which is in process of reorganization under the aegis of the court below. As such Trustee he and Day Line Sightseeing, Inc. entered into a contract, dated July 1, 1955, pursuant to which he agreed to permit, from July 1, 1955 to October 31, 1955, a representative of Day Line to board each of his westbound 42nd Street crosstown...

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