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AMERICAN A. & B. COAL CORP. v. LEONARDO ARRIVABENE, S.A.

No. 91, Docket 25735.

280 F.2d 119 (1960)

AMERICAN ANTHRACITE & BITUMINOUS COAL CORP., Appellee, v. LEONARDO ARRIVABENE, S.A., Tramp Tankers Corporation of Liberia and Estate of Hector C. Dracoulis, Appellants.

United States Court of Appeals Second Circuit.

Decided June 13, 1960.

Attorney(s) appearing for the Case

Sydney Basil Levy, New York City (Chauncey H. Levy, New York City, on the brief), for appellee.

Humphrey Statter, New York City (Daniel L. Smith, Jr., Cardillo & Smith, New York City, on the brief), for appellant, Leonardo Arrivabene, S.A.

James E. Freehill, New York City (Francis P. Kelly, Hill, Betts & Nash, New York City, on the brief), for appellants, Tramp Tankers Corporation of Liberia and Estate of Hector C. Dracoulis.

Before LUMBARD, Chief Judge, and SWAN and FRIENDLY, Circuit Judges.

LUMBARD, Chief Judge.

Leonardo Arrivabene, S.A., Tramp Tankers Corporation of Liberia, and the Estate of Hector Dracoulis, three creditors of American Anthracite & Bituminous Coal Corporation, the debtor in a proceeding for an arrangement pursuant to Chapter XI of the Bankruptcy Act, appeal from a decision of the district court denying priority under § 64, sub. a(1) of the Act, 11 U.S.C.A. § 104, sub. a(1), to their claims for freight and demurrage....

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