NEW YORK TRUST CO. v. PALMER

No. 80.

101 F.2d 1 (1939)

NEW YORK TRUST CO. v. PALMER et al.

Circuit Court of Appeals, Second Circuit.

January 9, 1939.


Attorney(s) appearing for the Case

J. H. Gardner, Jr., of New Haven, Conn., for appellees.

Miller, Owen, Otis & Bailly, of New York City (Edward C. Bailly and Howard C. Wood, both of New York City, of counsel), for appellant.

C. M. Clay, Asst. Gen. Counsel, of Washington, D. C. (Claude E. Hamilton, Jr., Gen. Counsel, Reconstruction Finance Corporation, and Daniel Willard, Jr., Gen. Counsel, Railroad Credit Corporation, both of Washington, D. C., and Raymond E. Hackett, of Stamford, Conn., of counsel), for Reconstruction Finance Corporation.

Mudge, Stern, Williams & Tucker, of New York City (A. M. Williams, Paul D. Miller, and George E. Buchanan, all of New York City, of counsel), for Group of Banks Holding Collateral Notes of the New York, New Haven and Hartford Railroad Company.

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


L. HAND, Circuit Judge.

This is an appeal from an order in reörganization, under § 77 of the Bankruptcy Act, 11 U.S.C.A. § 205 of the New York, New Haven & Hartford Railroad, allowing a claim against the debtor of the New York Trust Company, as trustee-mortgagee under a mortgage of the Worcester & Connecticut Eastern Railway Company. The claim is for the principal and interest of certain bonds of that railway, issued under the mortgage, and...

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