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IN RE HUDSON & MANHATTAN RAILROAD COMPANY

No. 173, Docket 23732.

229 F.2d 616 (1956)

In the Matter of HUDSON & MANHATTAN RAILROAD COMPANY, Debtor in Proceedings for Reorganization pursuant to Chapter X of the Bankruptcy Act. HUDSON & MANHATTAN RAILROAD COMPANY, Debtor, Appellant, v. Herman T. STICHMAN, Trustee of the Debtor, et al., Appellee, and William J. Harding, Jr., Irving I. Schnur and Shirley Reiter, Appellees.

United States Court of Appeals Second Circuit.

Decided February 9, 1956.

Attorney(s) appearing for the Case

Otis Mark Waters (Valente & Hallheimer, New York City, Julius Hallheimer, Louis A. Valente, New York City, of counsel on the brief) for appellant.

William W. Golub (McGoldrick, Dannett, Horowitz & Golub, New York City, Myron S. Isaacs, Jerome Talbert, New York City, of counsel on the brief) for the Trustee of the debtor.

Edward M. Garlock, New York City (House, Grossman, Vorhaus & Hemley, New York City, Leonard Hemley, New York City, of counsel on the brief) for appellees.

William H. Timbers, Gen. Counsel, David Ferber, Sp. Counsel and Frederick T. Finnigan, Atty., Securities & Exchange Commission, Washington, D. C.

Before FRANK, HINCKS and LUMBARD, Circuit Judges.

LUMBARD, Circuit Judge.

Since December 14, 1954 the Hudson & Manhattan Railroad Company, which owns and maintains the Hudson Tubes, an electric railway running for 14 miles from Newark, New Jersey to lower and mid-town Manhattan, has been operated by a trustee appointed by the District Court in a Chapter X bankruptcy proceeding. This debtor now complains of orders 28 and 36, signed by Judge Walsh on February 23 and April 7, 1955 respectively. Order 28 denied the...

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