Legal Opinion
State of New York, Claimant-Appellant v. James B. Kilsheimer, Iii, and Jacob Grumet, Receivers for New York, Ontario and Western Railway Company
Court of Appeals for the Second Circuit
Decided December 27, 1957No. 24852_1PublishedCited by 5 opinions
1Opinion of the Court
CLARK, Chief Judge.
The State of New York appeals from an order below in an action brought by the United States under I.R. C. § 7403, approving the sale of certain properties of New York, Ontario and Western Railway Company “free of all liens, including liens, claims to liens, and obligations accruing to any State, if any, arising out of the operation or ownership” of the railroad. For over twenty years this railroad has been in reorganization proceedings under § 77 of the Bankruptcy Act, 11 U.S.C. § 205. Those proceedings were dismissed by order filed below on January 31, 1957, on…
2Cases cited6 opinions
- First Nat. Bank of Cleveland v. SheddSupreme Court of the United States · 1887
- Hanna Furnace Corp. v. United StatesSupreme Court of the United States · 1944
- Lyford v. State of New YorkCourt of Appeals for the Second Circuit · 1944
- Felker v. Southern Trust Co.Court of Appeals for the Eighth Circuit · 1920
- Bankers Trust Co. v. New YorkSupreme Court of the United States · 1946
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3Cited by5 opinions
- Creditors Committee v. Armstrong Business Credit Corp. (In Re Saco Local Development Corp.)Bankruptcy Appellate Panel of the First Circuit · 1982
- United States v. "A" Manufacturing Company, Inc., J. B. Adoue, Iii, and Sam R. HayesCourt of Appeals for the Fifth Circuit · 1976
- Mandalaywala v. ZaleskiOhio Court of Appeals · 1997
- Creditors Committee v. Armstrong Business Credit Corp. (In Re Saco Local Development Corp.)Bankruptcy Appellate Panel of the First Circuit · 1982
- SEC v. Timothy BartonCourt of Appeals for the Fifth Circuit · 2025