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JOHNSON FARE BOX COMPANY v. DOYLE

No. 100, Docket 24731.

250 F.2d 656 (1958)

JOHNSON FARE BOX COMPANY, Claimant-Appellant, v. Lester T. DOYLE, Trustee in Reorganization of Third Avenue Transit Corporation, Debtor, Respondent-Appellee. In the Matters of THIRD AVENUE TRANSIT CORPORATION et al., Debtors.

United States Court of Appeals Second Circuit.

Decided January 6, 1958.

Attorney(s) appearing for the Case

Joseph Lorenz, New York City (Lorenz, Finn & Giardino, John F. X. Finn, Jr., New York City, on the brief), for claimant-appellant, Johnson Fare Box Company.

John A. Kiser, New York City (Saxe, Bacon & O'Shea, Edward D. Burns, New York City, on the brief), for Lester T. Doyle, Reorganization Trustee-Appellee.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and SMITH, District Judge.

PER CURIAM.

Between February 7, 1949 and June 10, 1949 Johnson Fare Box Company (referred to as "Johnson") sold and delivered to the debtors 225 new fare boxes for use on their buses. The purchase prices of these fare boxes totaled $43,533.84. On June 21, 1949 trustees in bankruptcy were appointed for the debtors. Thereafter Johnson filed with the trustees claims for the purchase prices of these fare boxes, and sought a priority...

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