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IN RE NEW YORK, S. & W. R. CO.

No. 9067.

160 F.2d 29 (1946)

In re NEW YORK, S. & W. R. CO.

Circuit Court of Appeals, Third Circuit.

Decided December 19, 1946.

As Amended on Denial of Rehearing March 7, 1947.

Writ of Certiorari Denied June 9, 1947.

Attorney(s) appearing for the Case

John M. Harlan, of New York City (Ralph E. Lum, of Newark, N. J., Root, Ballantine, Harlan, `Bushby & Palmer (formerly Root, Clark, Buckner & Ballantine), Roy M. D. Richardson, Lyman M. Tondel, Jr., and Ulrich Schweitzer, all of New York City, on the brief), for appellant.

Jacob Aronson, of New York City (William H. Carey and John A. Hartpence, both of Jersey City, N. J., and Leo Manville and Robert D. Brooks, both of New York City, on the brief), for other appellees.

Hobart, Minard & Cooper, of Newark, N. J. (M. C. Smith, Jr., of Cleveland, Ohio, on the brief), for Erie R. Co.

Before BIGGS, EDGERTON and McLAUGHLIN, Circuit Judges.

Writ of Certiorari Denied June 9, 1947. See 67 S.Ct. 1537.

BIGGS, Circuit Judge.

The appeal at bar presents the question whether the trustee of New York, Susquehanna and Western Railroad Company, the debtor, appointed pursuant to the provisions of Section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205, may disaffirm two trackage agreements dated respectively April 6, 1904 and April 1, 1911. The court below held that the attempted disaffirmance by the trustee...

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