HARRIS TRUST & SAVINGS BANK v. CHICAGO RYS. CO.

No. 6839.

23 F.2d 192 (1927)

HARRIS TRUST & SAVINGS BANK v. CHICAGO RYS. CO. et al.

District Court, N. D. Illinois, E. D.

November 3, 1927.


Attorney(s) appearing for the Case

Henry S. Robbins, of Chicago, Ill., for Orville E. Babcock et al.

Tenney, Harding, Sherman & Rogers, of Chicago, Ill. (Horace Kent Tenney, of ChiCago, Ill., of counsel), for Harris Trust & Savings Bank.

Harold Smith, of New York City, and Sidney C. Murray, of Chicago, Ill., for Westinghouse Electric & Mfg. Co.

Charles S. Babcock, of Chicago, Ill., for Chicago Rys. Co.

Weymouth Kirkland and James M. Sheean, both of Chicago, Ill., for receivers of Chicago Rys. Co.

David O. Dunbar and Daniel J. Schuyler, both of Chicago, Ill., for trustee under consolidated mortgage.

Edwin H. Cassels and David O. Dunbar, both of Chicago, Ill., for trustee under purchase-money mortgage.

Pam & Hurd, of Chicago, Ill., for trustee under income adjustment mortgage.

Samuel A. Ettelson, Corp. Counsel, of Chicago, Ill., for city of Chicago.


WILKERSON, District Judge.

Orville E. Babcock et al., apply for leave to file an intervening petition. They are holders of participation certificates of series No. 1, which are subject to the deposit agreement considered in Thatcher v. Chicago Railways Co. (C. C. A. 7) 4 F.2d 63, and Babcock v. Chicago Railways Co., 325 Ill. 16, 155 N. E. 773.

When a stockholder attempts to intervene in litigation to which the corporation...

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