IN RE CHICAGO EXPRESS, INCORPORATED

No. 371, Docket 28613.

332 F.2d 276 (1964)

In the Matter of CHICAGO EXPRESS, INCORPORATED, Bankrupt. The PENNSYLVANIA RAILROAD COMPANY, Petitioner-Appellant, v. CHICAGO EXPRESS, INCORPORATED, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 24, 1964.


Attorney(s) appearing for the Case

Myron D. Cohen, New York City (Conboy, Hewitt, O'Brien & Boardman, New York City, Edward F. Butler, New York City, of counsel), for petitioner-appellant.

Sydney Krause, New York City (Krause, Hirsch, Gross & Heilpern, New York City, Myron Kove, New York City, of counsel), for respondent-appellee.

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


FRIENDLY, Circuit Judge.

The Pennsylvania Railroad Company appeals from a decision of Judge Feinberg, in the District Court for the Southern District of New York, 222 F.Supp. 566 (1963), rejecting its claim that interline freight charges owing to it from the debtor, Chicago Express, a motor carrier, earned by furnishing "piggy-back" rail carriage to the debtor's trailers, were entitled to priority in the latter's arrangement proceeding...

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