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DELNO v. MARKET ST. RY. CO.

No. 21763-S.

38 F.Supp. 341 (1941)

DELNO v. MARKET ST. RY. CO. et al.

District Court, N. D. California, S. D.

April 15, 1941.

Attorney(s) appearing for the Case

J. Joseph Sullivan and Morgan J. Doyle, both of San Francisco, Cal., for plaintiff.

William M. Abbott, Stephen R. Duhring, and Chickering & Gregory, all of San Francisco, Cal., for defendant Market St. Ry. Co.

Samuel S. Stevens and Heller, Ehrman, White & McAuliffe, all of San Francisco, Cal., for defendant Wells Fargo Bank & Union Trust Co.

ST. SURE, District Judge.

Plaintiff, owner of five $1,000 first mortgage bonds of defendant railway company, invokes the Declaratory Judgment Act, 28 U.S.C.A. § 400, after the Railroad Commission of California approved and authorized a refinancing plan extending the maturity, reducing the interest, and changing sinking fund provisions of the railway company bonds.

In his complaint plaintiff alleges, inter alia, that on April 1, 1940, all of the outstanding...

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