JOHNSON v. MANHATTAN RY. CO.

No. 711.

289 U.S. 479 (1933)

JOHNSON v. MANHATTAN RAILWAY CO. ET AL.

Supreme Court of United States.

Decided May 29, 1933.


Attorney(s) appearing for the Case

Mr. Charles Franklin, with whom Messrs. Alfred C.B. McNevin and Herbert Goldmark were on the brief, for Johnson, petitioner.

Mr. Louis Boehm, with whom Messrs. Harry Shulman and Elliot S. Benedict were on the brief, for Boehm, petitioner.

Mr. Nathan L. Miller, with whom Messrs. Cloyd Laporte, William W. Miller, Carl M. Owen, and Harold J. Gallagher were on the brief, for Dowling et al., Receivers of the Interborough Rapid Transit Co., respondents.

Mr. H.C. McCollom, with whom Mr. Edward Cornell was on the brief, for the Central Hanover Bank & Trust Co., Trustee, respondent.

Messrs. John W. Davis and Edwin S.S. Sunderland submitted for the Committees acting for Interborough Rapid Transit Company 7% Secured Notes et al., respondents.

Mr. Cloyd Laporte submitted for the Committee for the Protection of the Holders of Ten-Year Six Per Cent. Gold Notes of Interborough Rapid Transit Co., respondent.

Messrs. Charles E. Hughes, Jr., and Allen S. Hubbard submitted for Roberts, Receiver for Manhattan Railway Co., respondent.

Messrs. Paxton Blair, Boykin C. Wright, and Clifton Murphy submitted for Merle-Smith et al., constituting the Protective Committee for Manhattan Railway Company Consolidated Mortgage 4% Bonds, respondents.

Messrs. James L. Quackenbush and Louis S. Carpenter submitted for the Interborough Rapid Transit Co., respondent.

Messrs. Charles H. Tuttle, Paris S. Russell, and W.K. Petigrue submitted for The American Brake Shoe & Foundry Co., respondent.

Messrs. Arthur J.W. Hilly, Edgar J. Koehler, and Frank E. Carstarphen, by leave of Court, filed a brief on behalf of the City of New York, as amicus curiae.


MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.

These cases exhibit an acute controversy between the Senior Circuit Judge of the Second Circuit and the District Judges of the Southern District of New York respecting the authority of a judge specially assigned to that district — particularly the Senior Circuit Judge when so assigned — to entertain an application for the appointment of receivers in...

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