Legal Opinion
In re Penn Central Transportation Co.
Court of Appeals for the Third Circuit
Decided April 27, 1973No. Nos. 72-1292 to 72-1294 and 72-1305 to 72-1308PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
SEITZ, Chief Judge.
The basic issue presented on this appeal is whether a reorganization court in a § 77 proceeding has summary jurisdiction to enjoin a non-judicial set-off of claims for goods, services, and shipping losses and damages against freight charges, where such set-offs were effected prior to the Debtor’s filing for reorganization.
The dispute arises out of a petition filed by the railroad trustees. The petition requested the court to issue an order- directing certain shippers, including appellants, to pay bills still outstanding for pre-reorganization freight…
2Cases cited5 opinions
- Maggio v. ZeitzSupreme Court of the United States · 1948
- Chicago & North Western Railway Co. v. LindellSupreme Court of the United States · 1930
- Southern Pacific Company, a Corporation of the State of Delaware v. Miller Abattoir Company, a Corporation of the State of New JerseyCourt of Appeals for the Third Circuit · 1972
- Northeast Airlines, Inc. v. Civil Aeronautics BoardCourt of Appeals for the First Circuit · 1965
- In the Matter of Penn Central Transportation Company, Debtor. Appeal of First Wisconsin National Bank of Milwaukee, Wisconsin, in No. 19,340. Appeal of Marine Midland Grace Trust Company of New York, in No. 19,341. Appeal of National Bank of Detroit, in No. 19,342. Appeal of Lincoln Rochester Trust Company, Rochester, New York, in No. 19,343. Appeal of Central Penn National Bank, Philadelphia, Pennsylvania, in No. 19,344. Appeal of Citizens Fidelity Bank & Trust Company, Louisville, Kentucky, in No. 19,345. Appeal of First National Bank of Maryland, Baltimore, Maryland, in No. 19,346Court of Appeals for the First Circuit · 1972
3Cited by9 opinions
- American Freight System, Inc. v. Consumer Products Associates (In Re American Freight System, Inc.)District Court, D. Kansas · 1994
- In the Matter of Reading Company, Debtor. Appeal of Trailer Train CompanyCourt of Appeals for the Third Circuit · 1983
- Baker v. Southeastern Michigan Shippers Co-Operative Ass'nDistrict Court, E.D. Michigan · 1973
- Consolidated Rail Corp. v. Standard Milling Co.District Court, W.D. New York · 1981
- Alleghany Corporation v. Romco, Inc.District Court, W.D. Pennsylvania · 1975
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