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IN THE MATTER OF REA HOLDING CORPORATION

No. 789, Docket 76-5039.

558 F.2d 1127 (1977)

In the Matter of REA HOLDING CORPORATION, the Express Company, REA Express, Inc., f/k/a Railway Express Agency, Inc., Rexco Supply Corporation, Bankrupts. Matthew E. MANNING, Anthony Satriano, Daniel S. Gilhuly, Vincent Pontillo, William R. Wegl, Edmund F. Novitski, Edward J. Cox, Anthony J. Januzzi, Charles F. McGovern and James J. Kilcoyne, Creditors-Appellants, Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, Intervenor, v. C. Orvis SOWERWINE, Trustee in Bankruptcy, Appellee.

United States Court of Appeals, Second Circuit.

Decided July 27, 1977.

Attorney(s) appearing for the Case

Arthur M. Wisehart, New York City (Wisehart, Friou & Koch, New York City, of counsel), for creditors-appellants.

William M. Kahn, and Joshua J. Angel, New York City (Whitman & Ranson, Marcus & Angel, New York City, co-counsel, Donald L. Wallace, Jeffrey A. Oppenheim, New York City, of counsel), for appellee.

John O'B. Clarke, Jr., Washington, D. C. (Reilly, Fleming & Reilly, New York City, and Highsaw, Mahoney & Friedman, Washington, D. C., on the brief; David J. Fleming, New York City, James L. Highsaw, Washington, D. C., William J. Donlon, Gen. Counsel for Brotherhood of Railway and Airline Clerks, Rosemont, Ill., of counsel), for intervenor.

Before CLARK, Associate Justice, and MOORE and MULLIGAN, Circuit Judges.

MOORE, Circuit Judge:

Four companies, REA Holding Corporation, The Express Company, Inc., REA Express, Inc., f/k/a Railway Express Agency, Inc. and Rexco Supply Corporation (collectively referred to as "REA"), have been adjudicated as bankrupts. Out of the welter of charges and countercharges a few salient facts emerge. For many years prior to 1975 REA had been engaged in the express shipping business in the United States by land and by air, and to some extent internationally...

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