Legal Opinion

In Re Pusey and Jones Corporation

District Court, D. Delaware

Decided March 23, 1961No. 1705PublishedCited by 7 opinions

1Opinion of the Court

LEAHY, Senior District Judge.

1. Deemer contends that the “six-months’ rule” which had its origin in the railroad receivership cases, 1 should be and has been extended to private corporations. To support this contention, it relies upon the rule of In re Columbia Ribbon Co., 2 reasserted by this Court in Wilmington Speedway Inc., 3 the cases of Dudley v. Mealey 4 and Diamond State Motor Freight, Inc., 5 6and Collier on Bankruptcy, (14 ed.) § 9.13 [5].' 6 The cited authority does not, upon analysis, provide the desired support. The rule of Columbia Ribbon Co. involves the priority of expenses…

2Cases cited13 opinions

  1. Fosdick v. SchallSupreme Court of the United States · 1879
  2. Young v. Higbee Co.Supreme Court of the United States · 1945
  3. In Re Columbia Ribbon Co.Court of Appeals for the Third Circuit · 1941
  4. Dudley v. MealeyCourt of Appeals for the Second Circuit · 1945
  5. Bowen v. HockleyCourt of Appeals for the Fourth Circuit · 1934

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3Cited by7 opinions

  1. In Re Chicago Express, IncorporatedDistrict Court, S.D. New York · 1963
  2. In the Matter of the Pusey and Jones Corporation, Bankrupt. Deemer Steel Casting Company, a Delaware CorporationCourt of Appeals for the Third Circuit · 1961
  3. In Re North Atlantic and Gulf Steamship Co., Inc.District Court, S.D. New York · 1962
  4. In the Matter of Hallmark Medical Services, Inc., Debtors. Isaac Mizrahi v. William H. Martin, TrusteeCourt of Appeals for the Fifth Circuit · 1973
  5. In Re Joe Newcomer Finance CompanyDistrict Court, D. Colorado · 1964

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