MURRAY v. ROBERTS

No. 198.

103 F.2d 889 (1939)

MURRAY v. ROBERTS et al.

Circuit Court of Appeals, Second Circuit.

April 17, 1939.


Attorney(s) appearing for the Case

Davies, Auerbach & Cornell, of New York City (Edward Cornell, H. C. McCollom, and Orrin G. Judd, all of New York City, of counsel), for appellant Central Hanover Bank & Trust Co., as trustee.

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.

John J. Curtin, of New York City (Joseph H. Choate, Jr., David B. Tolins, and Winfield S. Palmer, all of New York City, of counsel), for Transit Commission, Metropolitan Division, Department of Public Service of the State of New York.

Miller, Owen, Otis & Bailly, of New York City (Carl M. Owen, James L. Quackenbush, Ralph Norton, and Mark F. Hughes, all of New York City, of counsel), for Thomas E. Murray, receiver of Interborough Rapid Transit Co.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Edwin S. S. Sunderland, Chester F. Leonard, and Charles H. Willard, all of New York City, of counsel), for Guaranty Trust Co. of New York, J. P. Morgan and others.

Shearman & Sterling, of New York City, for J. Herbert Case and others.

Bigelow & Beatty, of New York City, for Interborough Rapid Transit Co.

Louis Boehm, of New York City (Louis Boehm and Gabriel Rubino, both of New York City, and Hyman Eller, of Brooklyn, N. Y., of counsel), for Norman Johnson and others.

White & Case, of New York City (Jesse E. Waid, of New York City, of counsel), for Bankers Trust Co.

Eppstein & Hirshfield, of New York City (Ira W. Hirshfield, of New York City, of counsel), for Dwight F. Faulkner, Jr., and others.

Hughes, Richards, Hubbard & Ewing, of New York City (Charles E. Hughes, Jr., and Allen S. Hubbard, both of New York City, of counsel), for William Roberts.

Milbank, Tweed & Hope, of New York City (Carl V. Venters, of New York City, of counsel), for Chase Nat. Bank of City of New York.

John B. Doyle, of New York City, (Frank C. Laughlin, of New York City, of counsel), for Harold Palmer and others.

Hodges, Reavis, Pantaleoni & Downey, of New York City, for Nathan L. Amster et al.

Rayford W. Alley, of New York City, for William S. Kies et al.

William C. Chanler, of New York City (William G. Mulligan, Jr., of New York City, of counsel) for City of New York.

Charles Franklin, of New York City (Marcus L. Bell, William V. Hodges, and C. Frank Reavis, all of New York City, of counsel), for Manhattan Ry. Co.

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


L. HAND, Circuit Judge.

These appeals are from an order, entered in a general creditors' suit, which directed the receiver of the Interborough Rapid Transit Company to reject a lease, granted by the Manhattan Railway Company of its elevated railroad in the City of New York; but to continue to operate trains over parts of the Interborough tracks, connecting with the Manhattan; and to give free transfers at one intersection...

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