AMERICAN BRAKE SHOE & F. CO. v. INTERBOROUGH R. T. CO.

No. 317.

122 F.2d 454 (1941)

AMERICAN BRAKE SHOE & FOUNDRY CO. et al. v. INTERBOROUGH RAPID TRANSIT CO. et al. (two cases). CENTRAL HANOVER BANK & TRUST CO. v. MANHATTAN RY. CO. et al. MANHEIM et al. v. MERLE-SMITH et al.

Circuit Court of Appeals, Second Circuit.

August 12, 1941.


Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett, of New York City (Clifford P. Case and Walter E. Beer, Jr., both of New York City, of counsel), for appellant Manheim.

Milbank, Tweed & Hope, of New York City (Hugh L. M. Cole and Carl V. Venters, both of New York City, of counsel), for appellant Chase Nat. Bank of the City of New York.

Solomon G. Salomon, pro se, appellant.

William C. Chanler, Corp. Counsel, of New York City (William S. Gaud, Jr., of New York City, of counsel), Chester W. Cuthell, Sp. Counsel to Transit Commission, of New York City (Robert W. Maloney, Jr., of New York City, of counsel), Wright, Gordon, Zachry, Parlin & Cahill, of New York City (Boykin C. Wright, Clifton Murphy, and Daniel James, all of New York City, of counsel), for appellees.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


SWAN, Circuit Judge.

Upon a creditor's bill filed August 26, 1932, receivers were appointed for the Interborough Rapid Transit Company and on September 6th the receivership was extended to the Manhattan Railway Company.1 The properties involved comprised the Subway Division, consisting of City owned lines, mainly underground, operated by Interborough under contracts with the City, and the Manhattan Division, consisting mainly of elevated...

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