In re New York, O. & W. Ry. Co.

HULBERT, District Judge.

The objections filed by Federal Creosoting Company bring on, as the sole question for review and determination, whether the Special Master properly denied the creditor’s application for priority within the so-called “six months” rule.

The facts are not in dispute.

In October 1936 the debtor delivered to the creditor 15,066 railroad ties to be creosoted, all of which were so treated and 12,920 ties were delivered to the debtor within that month; the balance, 2,146 ties, were stacked on the premises of the creditor and removed at the rate of 533 ties in March 1937, 531 in…