NEW YORK TRUST CO. v. ISLAND OIL & TRANSPORT CORPORATION

No. 361.

43 F.2d 923 (1930)

NEW YORK TRUST CO. v. ISLAND OIL & TRANSPORT CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

July 28, 1930.


Attorney(s) appearing for the Case

Carter, Ledyard & Milburn, of New York City (Ralph Montgomery Arkush, Edwin DeT. Bechtel, and Tyler McKim Bartow, all of New York City, of counsel), for petitioner-appellant.

Kohlman & Austrian, of New York City (Francis L. Kohlman and Saul J. Lance, both of New York City, of counsel), for Arthur J. Stevens and H. Snowden Marshall, as receivers of Island Oil and Transport Corporation and of Island Oil Marketing Corporation, respondents-appellees.

Chadbourne, Hunt, Jaeckel & Brown, of New York City (William M. Chadbourne, Clinton De Witt Van Siclen and Alfred H. Phillips, all of New York City, of counsel), for committee representing the holders of the 8 per cent. and participating secured gold notes of Island Oil & Transport Corporation, respondent-appellee.

Hornblower, Miller & Garrison, of New York City (Charles A. Boston, of New York City, of counsel), for New York Trust Co., trustee under trust agreement securing the 8 per cent. and participating secured gold notes of Island Oil and Transport Corporation, respondent appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from an order of Judge Knox denying the petition of Irving Trust Company as receiver of Island Refining Corporation (hereafter called refining company) for leave to file its claim in the sum of $4,642,979.14, nunc pro tune as of March 31, 1923, against the Island Oil & Transport Corporation (hereafter called transportation company).

Receivers in equity were appointed for transport company on March 20,...

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