JOHNSON v. MANHATTAN RY. CO.

No. 203.

61 F.2d 934 (1932)

JOHNSON et al. v. MANHATTAN RY. CO. et al.

Circuit Court of Appeals, Second Circuit.

December 7, 1932.


Attorney(s) appearing for the Case

Breed, Abbott & Morgan, of New York City (Charles H. Tuttle, Paris S. Russell, and W. K. Petigrue, all of New York City, of counsel), for American Brake Shoe & Foundry Co.

Hornblower, Miller, Miller & Boston, of New York City (Nathan L. Miller, W. W. Miller, Carl M. Owen, and Harold J. Gallagher, all of New York City, of counsel), for Dowling and others, receivers.

Charles Franklin, of New York City (Herbert Goldmark and Leonard H. Goldenson, both of New York City, of counsel), for Benjamin F. Johnson.

Boehm & Zeiger, of New York City (Louis Boehm, Samuel Zeiger, David Rasch, and Harry M. Edelstein, all of New York City, on the brief), for Lillian Boehm.

James L. Quackenbush, of New York City, for Interborough Rapid-Transit Co.

Dills, Muecke & Schelker, of New York City (Duane R. Dills and Walter G. Schelker, Jr., both of New York City, of counsel), for Manhattan Ry. Co.

Hughes, Schurman & Dwight, of New York City (Charles E. Hughes, Jr., and Allen S. Hubbard, both of New York City, of counsel), for William Roberts, receiver for Manhattan Ry. Co.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (John W. Davis and Edwin S. S. Sunderland, both of New York City, of counsel), for Committee Acting for Interborough 7 Per Cent. Secured Notes, etc.

Root, Clark & Buckner, of New York City (Elihu Root, Jr., Lloyd Paul Stryker, and Cloyd Laporte, all of New York City, of counsel), for Committee for Protection of Holders of Ten-Year 6 Per Cent. Gold Notes.

Davies, Auerbach & Cornell, of New York City (Edward Cornell and H. C. McCollom, both of New York City, of counsel), for Central Hanover Bank & Trust Co.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

The appeals in question are from three decrees in the suit at bar; the first giving leave to the plaintiff, Johnson, to sue receivers of the Manhattan Railway Company and the Interborough Railway Company appointed in another suit entitled American Brake Shoe Company v. Interborough Rapid Transit Company; the second, declaring void all decrees entered in that suit up to the time when the decree appealed...

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