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New York v. New York, N.H. & H. R. Co., 344 U.S. 293 (1953)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
New York v. New York, N.H. & H. R. Co., 344 U.S. 293 (1953)
City of New York v. New York, New Haven & Hartford Railroad Co. No. 203 Argued December 19, 1952 Decided January 12, 1953 344 U.S. 293
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
In a railroad reorganization under § 77 of the Bankruptcy Act, the court ordered "creditors" to file their claims by a certain date or be denied participation except for cause shown. Creditors other than mortgage trustees and those who had appeared in court were notified by publication only. A city which received no copy of the order did not file claims for its local improvement liens on specific parcels of the railroad’s real estate.
Held: a final decree providing for transfer of the railroad’s properties to a newly organized company could not validly destroy or bar enforcement of the city’s liens. Pp. 294-297.
1. The city was a "creditor" within the meaning of § 77(b) of the Bankruptcy Act. Pp. 295-296.
2. In the circumstances of this case, publication did not constitute the "reasonable notice" to the city required by § 77(c)(8). P. 296.
3. The bar order against the city cannot be sustained because of the city’s knowledge that reorganization of the railroad was taking place in the court. P. 297.
197 F.2d 428, reversed.
The District Court enjoined enforcement of a city’s liens for local improvements on specific real estate of a railroad which had since been reorganized under the Bankruptcy Act. 105 F.Supp. 413. The Court of Appeals affirmed. 197 F.2d 428. This Court granted certiorari. 344 U.S. 809. Reversed, p. 297.
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Chicago: U.S. Supreme Court, "Syllabus," New York v. New York, N.H. & H. R. Co., 344 U.S. 293 (1953) in 344 U.S. 293 344 U.S. 294. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HT5X1JVSWXFC82Q.
MLA: U.S. Supreme Court. "Syllabus." New York v. New York, N.H. & H. R. Co., 344 U.S. 293 (1953), in 344 U.S. 293, page 344 U.S. 294. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HT5X1JVSWXFC82Q.
Harvard: U.S. Supreme Court, 'Syllabus' in New York v. New York, N.H. & H. R. Co., 344 U.S. 293 (1953). cited in 1953, 344 U.S. 293, pp.344 U.S. 294. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HT5X1JVSWXFC82Q.
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