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IN RE NEW YORK, O. & W. RY. CO.

No. 88, Docket 20361.

161 F.2d 518 (1947)

In re NEW YORK, O. & W. RY. CO. GEBHARDT et al. v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

May 7, 1947.

Attorney(s) appearing for the Case

Elbert N. Oakes, of New York City, for trustees-appellants.

John J. Bennett, Corp. Counsel, of New York City (Isaac C. Donner and Bernard H. Sherris, both of New York City, of counsel), for respondent-appellant.

Before SWAN, AUGUSTUS N. HAND and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

On May 20, 1937, the debtor, New York, Ontario and Western Railway Company, filed a petition in the District Court for reorganization under Section 77 of Chapter VIII of the Bankruptcy Act, 11 U.S.C.A. § 205. Pursuant to the usual notice to creditors, the City of New York, on August 31, 1937, filed a proof of claim against the debtor for taxes on income which had accrued prior to the institution of the proceeding. The District...

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