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IN RE NEW YORK, NEW HAVEN & HARTFORD RAILROAD CO.

No. 1, Docket 17680.

298 F.2d 761 (1962)

In the Matter of The NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY, Debtor. Charles W. Mulcahy, as sole surviving Trustee of the property of Boston and Providence Railroad Corporation, Appellant, Richard Joyce Smith, William J. Kirk and Harry W. Dorigan, Trustees of the New York, New Haven and Hartford Railroad Company, Intervenors, United States of America, Intervenor. In Proceedings for the Reorganization of a Railroad.

United States Court of Appeals Second Circuit.

Decided January 16, 1962.

Attorney(s) appearing for the Case

Erwin N. Griswold, Cambridge, Mass., Oliver R. Waite, Paul E. Troy, Boston, Mass., for appellant.

James Garfield, James C. Heigham, Choate, Hall & Stewart, Boston, Mass., for Reorganization Trustees of the New York, New Haven and Hartford Railroad Company, currently in reorganization, intervenors.

William H. Orrick, Jr., Asst. Atty. Gen., Marvin C. Taylor, Spec. Litigation Counsel, Dept. of Justice, Washington, D. C., for United States, intervenor.

Before WATERMAN, KAUFMAN and MARSHALL, Circuit Judges.

WATERMAN, Circuit Judge.

From 1935 to 1947 the New York, New Haven and Hartford Railroad Company (the New Haven) was in reorganization under Section 77 of the Bankruptcy Act, as amended, 11 U.S.C.A. § 205. During that long reorganization the United States District Court for the District of Connecticut issued an order on January 13, 1940, in which, among other matters, it disallowed the claim of the Trustees of the Boston and Providence Railroad Corporation

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