NEW ENGLAND COAL & COKE CO. v. RUTLAND R. CO.

No. 302.

143 F.2d 179 (1944)

NEW ENGLAND COAL & COKE CO. v. RUTLAND R. CO.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied May 20, 1944.


Attorney(s) appearing for the Case

J. Norman Lewis, of New York City, and Feldman, Kittelle, Campbell & Ewing, of Washington, D. C. (J. Norman Lewis and James P. Durante, both of New York City, of counsel), for appellant.

H. C. McCollom, of New York City (Davies, Auerbach, Cornell & Hardy and Herbert A. Heerwagen, all of New York City, of counsel), for Hubert F. Atwater and William Carnegie Ewen, appellees.

Rathbone, Perry, Kelley & Drye, of New York City (Parker Newhall and Frank H. Heiss, both of New York City, of counsel), for Central Hanover Bank & Trust Co., appellee.

Stewart & Shearer, of New York City (M'Cready Sykes, of New York City, of counsel), for United States Trust Co. of New York, appellee.

Herrick, Smith, Donald, Farley & Ketchum, of Boston, Mass. (Eugene T. Connolly, of Boston, Mass., of counsel), for Old Colony Trust Co., appellee.

George M. Jaffin, of New York City, and Vernon Loveland, of Rutland, Vt. (Phillip B. Wershile and Harry Schneider, both of New York City, of counsel), for Group of Rutland Bondholders, appellees.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

On May 5, 1938, some five years after the enactment of § 77 of the Bankruptcy Act, 11 U.S.C.A. § 205, authorizing the reorganization in bankruptcy of insolvent railroads, an unsecured creditor of Rutland Railroad Company (for convenience called the debtor), disregarding § 77, filed a bill in equity in the court below, naming the debtor as defendant, alleging its insolvency, and praying...

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