AUGUS v. STICHMAN

No. 185, Docket 25959.

273 F.2d 707 (1960)

Norine J. AUGUS, Admx., George Doherty, Raymond Nicholas, Adrian Parker, Hugh J. McKowne, Margaret M. McAuliffe, Admx., John Fedor, Maurice Dunlap, Joseph Coyle, Catherine Curristan, Admx., Joseph Muller, Robert J. Jerry and John J. Walsh, Appellants, v. Herman T. STICHMAN, Trustee of Hudson & Manhattan Railroad Company, Debtor, et al., Appellees.

United States Court of Appeals Second Circuit.

Decided January 7, 1960.


Attorney(s) appearing for the Case

Joseph S. Lord, III, Philadelphia, Pa. (Richter, Lord & Levy, Philadelphia, Pa., Nathan Katz, Leo Gitlin, New York City, on the brief), for appellants.

Wilfred Feinberg, New York City (McGoldrick, Dannett, Horowitz & Golub, William W. Golub, Bernard Buchholz, New York City, on the brief), for trustee of debtor.

Jacob Imberman, New York City (Proskauer, Rose, Goetz & Mendelsohn, Marvin Dicker, New York City, on the brief), for Chemical Bank New York Trust Co., as successor trustee, under debtor's adjustment income bond indenture.

Before CLARK, WATERMAN and MOORE, Circuit Judges.


PER CURIAM.

Appellants, as employee tort claimants (or their representatives) under the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq., seek priority status for their claims (liquidated and unliquidated) from the debtor corporation. Their injuries were sustained prior to the appointment of the receiver pursuant to Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq.

Prior to 1933 the courts...

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