Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Central Railroad Co.

May 30, 1973

IN THE MATTER OF: THE CENTRAL RAILROAD COMPANY OF NEW JERSEY, DEBTOR FRANCES A. DUGAN, INDIVIDUALLY AND AS ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF CHARLES A. DUGAN, DECEASED, ET AL., APPELLANTS IN NO. 72-1511 LLOYD HOAK, NATALIE J. PALETSKY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF VINCENT E. PALETSKY, DECEASED, AND ARNOLD B. ELKIND, THEIR ATTORNEY, APPELLANTS IN NO. 72-2092


(D.C. No. B-401-67 in Bankruptcy) APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

Author: Weis

Before ADAMS, GIBBONS and WEIS, Circuit Judges

Opinion OF THE COURT

WEIS, Circuit Judge.

The perplexing problem of the priority applicable to personal injury claims of employees of a railroad in reorganization proceedings is presented to the Court by petitioners here. The appellants have been determined to be entitled to recover from the debtor under the Federal Employers Liability Act for death in one instance and injuries in other accidents which occurred while the railroad was being operated by the Receiver in the course of reorganization under ยง 77. In several instances judgments were obtained after jury trials and in other cases settlements were approved by the reorganization court. That Court refused to allow interest on any of the judgments or settlements and ordered that the claims be satisfied by payments from a fund derived from operating expenses on an "as available" basis.

The following table will illustrate the rather typical delay between date of liquidation of the claim by judgment or settlement and the date of final payment:

Obtained by Date Date of

Name of Amount Judgment or of Final

Creditor of Claim Settlement Liquidation Settlement

Dugan $57,150.24 J Apr. 6, 1971 Mar. 28, 1972

Koch 25,330.00 J Nov. 17, 1971 July 28, 1972

Hoak 30,000.00 J Motion for appeal withdrawn

Aug. 4, 1972. No ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.