AMERICAN BRAKE SHOE & F. CO. v. INTERBOROUGH RAPID T. CO.


4 F.Supp. 68 (1933)

AMERICAN BRAKE SHOE & FOUNDRY CO. v. INTERBOROUGH RAPID TRANSIT CO.

District Court, S. D. New York.

June 28, 1933.


Attorney(s) appearing for the Case

Hornblower, Miller, Miller & Boston, of New York City, for Victor J. Dowling and T. E. Murray, Jr., receivers of Interborough Rapid Transit Co.

Breed, Abbott & Morgan, of New York City, for American Brake Shoe & Foundry Co.

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

Charles Franklin, of New York City, for Manhattan Ry. Co.

Hughes, Schurman & Dwight, of New York City, for Wm. Roberts, as receiver of Manhattan Ry. Co.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City, for J. P. Morgan and others, as Committee for ten-year Secured Convertible 7 per cent. Gold Notes of Interborough Rapid Transit Co. and as Committee for Interborough Rapid Transit Co. First and Refunding 5 per cent. Gold Bonds and Guaranty Transit Co. of N. Y., as trustee.

Root, Clark & Buckner, of New York City, for Louis J. Horowitz and others, as Committee for protection of holders of ten-year 5 per cent. Gold Notes of Interborough Rapid Transit Co.

Cotton, Franklin, Wright & Gordon, of New York City, for Van Santvoord, Merle-Smith, and others, as Protective Committee for Manhattan Ry. Co., Consolidated Mortgage Gold 4 per cent. Bonds.

Marshall & Wehle, of New York City, for Harold Palmer and others, as Committee for holders of 7 per cent. Guaranteed Stock of Manhattan Ry. Co.

Davies, Auerbach & Cornell, of New York City, for Central Hanover Bank & Trust Co., as trustee.

Milbank, Tweed, Hope & Webb, of New York City, for Chase Nat. Bank of City of New York, as trustee.

Sullivan & Cromwell, of New York City, for Committee for Interborough Rapid Transit Co., Capital Stock and Voting Trust Certificates for Capital Stock.

Dills-Muecke & Schelker, of New York City, for Manhattan Ry. Co.

Elon S. Hobbs, of New York City, in pro. per.


MANTON, Circuit Judge.

I have duly considered the opinion of the Supreme Court (53 S.Ct. 721, 729, 77 L. Ed. 1331) on the affirmance by it of the judgments of the Circuit Court of Appeals in the two suits in equity brought in the District Court for the Southern District of New York (1 F.Supp. 809) by Benjamin F. Johnson and Lillian Boehm, respectively, against the Manhattan Railway Company et al. [Johnson v. Manhattan Ry. Co....

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