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IN RE YALE EXPRESS SYSTEM, INC.

No. 617, Docket 35690.

438 F.2d 101 (1971)

In the Matter of YALE EXPRESS SYSTEM, INC. and Subsidiaries, Debtors. SEMEL GOLDMAN, INC., Appellant, v. F. Ralph NOGG, as Trustee of Yale Express System, Inc. and Subsidiaries, Appellee.

United States Court of Appeals, Second Circuit.

Decided February 5, 1971.

Attorney(s) appearing for the Case

William R. Glendon, New York City (Royall, Koegel & Wells, William J. O'Brien, II, Thomas C. Morrison, New York City, on the brief), for appellee.

Morris R. Henkin, Mount Vernon, N. Y. (Henkin and Henkin, Leonard M. Henkin, Mount Vernon, N. Y., on the brief), for appellant.

Before WATERMAN, MOORE and FEINBERG, Circuit Judges.

PER CURIAM:

Semel Goldman, Inc., a holder of a $3,000 claim secured by a mechanic's lien, appeals from an order of the United States District Court for the Southern District of New York, Harold R. Tyler, Jr., J., in a Chapter X proceeding. Goldman is a subcontractor which in late 1964 and early 1965 furnished materials for the construction of a terminal building for Yale Express System, Inc., now the Chapter X debtor. The materials were furnished under a contract...

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