T. J. MOSS TIE CO. v. WABASH RY. CO.


11 F.Supp. 277 (1935)

T. J. MOSS TIE CO. v. WABASH RY. CO. et al.

District Court, S. D. New York.

June 21, 1935.


Attorney(s) appearing for the Case

Frank C. Nicodemus, Jr., of New York City, receiver.

Humes, Buck, Smith & Stowell, of New York City (Gordon M. Buck, of New York City, of counsel), for New York Trust Co.

Barnett, Plaut & Schweitzer, of New York City (Roy Plaut, of New York City, of counsel), for Northwestern Mut. Life Ins. Co.

Milbank, Tweed, Hope & Webb, of New York City (Arthur A. Gammell and William D. Gaillard, Jr., both of New York City, of counsel), for Chase Nat. Bank of City of New York.

Root, Clark, Buckner & Ballantine, of New York City (William P. Palmer and A. Goodwin Cooke, both of New York City, of counsel), for committee of refunding and general mortgage bondholders.

Mitchell, Taylor, Capron & Marsh, of New York City, for City Bank Farmers Trust Co.

Cabell, Ignatius, Lown & Blinken, of New York City, for Massachusetts Mut. Life Ins. Co.

Henry W. Clark, of New York City, for Union Pac. R. Co.


WOOLSEY, District Judge.

The receivers of the Wabash Railway Company may have a decree ordering the trustees to execute the releases as prayed.

I. The Wabash Railway Company, a corporation of Indiana, having been sued on December 1, 1931, by the T. J. Moss Tie Company, a corporation of Missouri, in the Eastern Division for the Eastern District of Missouri, in a creditors' action for a consent receivership in equity,

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