IN RE PENN CENTRAL TRANSPORTATION COMPANY

No. 71-1627.

467 F.2d 100 (1972)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. Appeal of CONSOLIDATED EDISON COMPANY OF NEW YORK, Inc.

United States Court of Appeals, Third Circuit.

Decided August 8, 1972.


Attorney(s) appearing for the Case

Aaron M. Fine, Philadelphia, Pa., Harold E. Kohn, Dolores Korman, Philadelphia, Pa., for appellant, Consolidated Edison Co. of New York, Inc.; Bernard Hulkower, Asst. Gen. Counsel, Joel M. Lasker, New York City, Consolidated Edison Co. of New York, Inc., of counsel.

Norman L. Holmes, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., Marvin Comisky, Matthew W. Bullock, Jr., Philadelphia, Pa., special counsel for Trustees, Robert W. Blanchette, Philadelphia, Pa., counsel for Trustees.

Before HASTIE, GIBBONS and MAX ROSENN, Circuit Judges.


OPINION OF THE COURT

HASTIE, Circuit Judge.

Appellant, Consolidated Edison Company of New York, is a major supplier of power for traction and other purposes to Penn Central Transportation Company, a railroad in reorganization under section 77 of the Bankruptcy Act, 11 U. S.C. § 205. When the reorganization proceeding began on June 21, 1970 the railroad owed Consolidated Edison some $1,200,000 for energy already supplied. Shortly thereafter, the district...

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