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IN THE MATTER OF NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY

No. 311.

104 F.2d 1018 (1939)

In the Matter of The NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY, Debtor. BANKERS TRUST COMPANY, Trustee under First and Refunding Mortgage, Dated December 9, 1920, of the New York, New Haven and Hartford Railroad Company, Appellant, v. The NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY, Principal Debtor, et al., Appellees.

Circuit Court of Appeals, Second Circuit.

April 24, 1939.

Attorney(s) appearing for the Case

Wiggin & Dana, of New Haven, Conn. (Frederick H. Wiggin and Stewart H. Jones, both of New Haven, Conn., of counsel), for appellant Bankers Trust Co.

Eugene J. Phillips and Nathaniel W. Smith, both of Providence, R. I., Francis A. Pallotti, Atty. Gen. of Connecticut, and Harry L. Brooks, Asst. Atty. Gen. of Connecticut (Marshall Swan, of Providence, R. I., of counsel), for appellee treasurer-trustee.

Miller, Owen, Otis & Bailly, of New York City (Edward C. Bailly and Edward M. Boyne, both of New York City, of counsel), for appellee New York Life Ins. Co.

Before SWAN, CHASE, and CLARK, Circuit Judges.

PER CURIAM.

Order affirmed on opinion below, D.C., 27 F.Supp. 392

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