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KILSHEIMER v. ROSE & MOSKOWITZ

No. 370, Docket 25112.

257 F.2d 242 (1958)

James B. KILSHEIMER, III, and Jacob Grumet, Receivers of the New York, Ontario and Western Railway Company and subsidiary companies, Appellees, v. ROSE & MOSKOWITZ, Sidney G. Rose and Philip L. Moskowitz, Appellants.

United States Court of Appeals Second Circuit.

Decided July 17, 1958.

Attorney(s) appearing for the Case

Charles R. Taine, New York City (Franklin Feldman, Lewis G. Cole, Stroock & Stroock & Lavan, New York City, on the brief), for appellants.

Robert L. Tofel, Asst. U. S. Atty., Southern District of New York, New York City (Paul W. Williams, U. S. Atty., Southern District of New York, New York City, on the brief), for plaintiff-appellee.

F. W. H. Adams, New York City (Harold H. Meyers, Henry J. Formon, Jr., Satterlee, Warfield & Stephens, New York City, on the brief), for receivers.

Before CLARK, Chief Judge, and WATERMAN and MOORE, Circuit Judges.

MOORE, Circuit Judge.

The appellants, Rose & Moskowitz, Sidney G. Rose and Philip L. Moskowitz, the successful bidders at auction for nine segments of the New York, Ontario & Western Railway Company properties, appeal from an order directing them to pay the balance of the purchase price of the Railway properties purchased by them. The grounds urged by appellants for reversal are primarily: (1) lack of jurisdiction...

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