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MANHATTAN RY. CO. v. CENTRAL HANOVER BANK & TRUST CO.

Nos. 147, 148.

99 F.2d 789 (1938)

MANHATTAN RY. CO. et al. v. CENTRAL HANOVER BANK & TRUST CO. AMERICAN BRAKE SHOE & FOUNDRY CO. v. INTERBOROUGH RAPID TRANSIT CO.

Circuit Court of Appeals, Second Circuit.

November 7, 1938.

Attorney(s) appearing for the Case

Wright, Gordon, Zachry & Parlin, of New York City (Boykin C. Wright, Clifton Murphy, and Daniel James, all of New York City, of counsel), for Van S. Merle-Smith et al., as a Protective Committee for Manhattan Ry. Co. Mortgage Bonds.

Charles Franklin, of New York City (C. Frank Reavis and Martin D. Jacobs, both of New York City, of counsel), for Manhattan Ry. Co.

Elon S. Hobbs, of New York City, for an Elected Committee of the Manhattan Shareholders and other Security Holders of the Manhattan Elevated and the Interborough Transit Company.

Solomon G. Salomon, per se.

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

CHASE, Circuit Judge.

This appeal is from a final decree of the District Court for the Southern District of New York in an action for the foreclosure of a mortgage on property of the Manhattan Railway Company including an order for the separate sale of a portion of such property known as the Sixth Avenue Line; and also from an interlocutory order entered June 28, 1938, approving a program for the sale of a part of the mortgaged property. The appeal from the interlocutory...

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