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IN RE THIRD AVENUE TRANSIT CORPORATION

216 F.Supp. 785 (1963)

In the Matter of THIRD AVENUE TRANSIT CORPORATION, Surface Transportation Corporation of New York, Westchester Street Transportation Company, Inc., the Westchester Electric Railroad Company, Warontas Press, Inc., Debtors.

United States District Court S. D. New York.

May 2, 1963.

Attorney(s) appearing for the Case

Saxe, Bacon & O'Shea, New York City, for trustee, John A. Kiser, William J. O'Shea, Jr., New York City, of counsel.

John F. O'Donnell, New York City, for Transport Workers Union, Local 100, and Transport Workers Union of America, AFL-CIO, O'Donnell & Schwartz, Walter N. Kaufman, New York City, of counsel.

James M. O'Neill, pensioner and attorney, New York City, for Addison B. Scoville, Addison B. Scoville, New York City, of counsel.

Stuart Riedel, New York City, for Surface Transit, Inc.

Richard H. Bandler, New York City, for the Securities and Exchange Commission.

DIMOCK, District Judge.

The Trustee in this proceeding under Chapter X of the Bankruptcy Act petitions for an order directing rejection of a pension plan adopted by the debtors on August 27, 1946 and directing that the claims, if any, arising as a consequence of such rejection be fixed. The rejection sought would leave the pension plan standing with respect to the debtors The Westchester Electric Railroad Company and Westchester Street Transportation Company, Inc...

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