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IN RE LEHIGH AND HUDSON RIVER RAILWAY COMPANY

No. 205, Docket 72-1761.

468 F.2d 430 (1972)

In the Matter of the LEHIGH AND HUDSON RIVER RAILWAY COMPANY, Debtor. George P. BAKER et al., Appellants, v. John G. TROIANO, Trustee of the Property of the Lehigh and Hudson River Railway Company, Debtor, Appellee.

United States Court of Appeals, Second Circuit.

Decided October 11, 1972.

Attorney(s) appearing for the Case

Paul R. Duke, Philadelphia, Pa. (Robert M. Peet, New York City, of counsel), for appellants.

Thomas V. McMahon, New York City (Conboy, Hewitt, O'Brien & Boardman, and Jerome H. Shapiro, New York City, of counsel), for appellee.

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

FRIENDLY, Chief Judge:

This appeal raises a question concerning the scope of the summary jurisdiction of a district court presiding over a railroad's reorganization with respect to claims by that railroad against another —which, in this instance, is also in reorganization.1

Prior to June 21, 1970, when the petition of Penn Central Transportation Company (Penn Central) for reorganization under § 77 was approved by the...

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