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IN RE CHICAGO EXPRESS, INCORPORATED

222 F.Supp. 566 (1963)

In the Matter of CHICAGO EXPRESS, INCORPORATED, Debtor.

United States District Court S. D. New York.

September 30, 1963.

Attorney(s) appearing for the Case

Krause, Hirsch, Gross & Heilpern, New York City, for debtor, Sydney Krause, and Myron Kove, New York City, of counsel.

Conboy, Hewitt, O'Brien & Boardman, New York City, for petitioner, Pennsylvania Railroad Co., Edward F. Butler, and Myron D. Cohen, New York City, of counsel.

FEINBERG, District Judge.

This is a petition to review an order, dated June 10, 1963, of the Referee in a Chapter XI proceeding. The Referee denied priority status to a claim of The Pennsylvania Railroad Company (the "Pennsylvania") in the alleged amount of $265,965.75, which represents freight charges incurred by Chicago Express, Incorporated (the "Debtor") in the two and one-half month period prior to the filing of the Chapter XI petition on May 11, 1962.

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