IN RE BUSH TERMINAL CO.

Nos. 477, 478.

84 F.2d 984 (1936)

In re BUSH TERMINAL CO. PERTH AMBOY DRY DOCK CO. et al. v. BUSH TERMINAL CO. et al.

Circuit Court of Appeals, Second Circuit.

July 6, 1936.


Attorney(s) appearing for the Case

Curtis, Mallet-Prevost, Colt & Mosle, of New York City (Creswell M. Micou, Eugene W. Goodwillie, and Clarence U. Carruth, Jr., all of New York City, and Kenneth N. LaVine, of Brooklyn, N. Y., of counsel), for appellant Bush Terminal Buildings Co.

White & Case, of New York City (Joseph A. Bennett, Alfred N. Heuston, and Thomas Kiernan, all of New York City, of counsel), for appellant Protective Committee for Preferred Stockholders of Bush Terminal Buildings Co.

David M. Palley, of New York City (Jesse Watson, of New York City, of counsel), for appellant J. S. Farlee & Co., Inc.

Lowell M. Birrell, of New York City (William H. Button and Charles A. Van Patten, both of New York City, of counsel), for appellee Bush Terminal Co.

Sullivan & Cromwell, of New York City, for appellees Committee Bondholders under the 5 per cent. consolidated mortgage of the Bush Terminal Co.

Gross & Keck, of Brooklyn, N. Y. (Fred L. Gross, of Brooklyn, N. Y., of counsel), for appellee Title Guarantee & Trust Co.

William M. Chadbourne, of New York City, for appellee Committee for Commercial Creditors of Bush Terminal Co.

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


AUGUSTUS N. HAND, Circuit Judge.

On April 1, 1933, the Perth Amboy Dry Dock Company filed a creditors' bill against Bush Terminal Company and the usual consent receivership followed. On July 28, 1933, an order was made in that suit directing all creditors to present claims, and in accordance therewith the Bush Terminal Buildings Company, a subsidiary of the Terminal Company, the common stock of which was entirely owned by the latter, filed claims with the receivers...

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