IN RE NEW YORK, N. H. & H. R. CO.

No. 16562.

46 F.Supp. 214 (1942)

In re NEW YORK, N. H. & H. R. CO.

District Court, D. Connecticut.

June 3, 1942.


Attorney(s) appearing for the Case

Frederick W. Tillinghast and Hinckley, Allen, Tillinghast & Wheeler, all of Providence, R. I., for Edward B. Aldrich, Abby A. Rockefeller, and Winthrop W. Aldrich, as trustees, and United Gas Improvement Co.

Fitzhugh McGrew and White & Case, all of New York City, for Bankers Trust Co., as trustee under the First and Refunding Mortgage.

W. P. Palmer and Root, Clark, Buckner & Ballantine, all of New York City, for Bank of New York & Trust Co., as successor trustee of New England R. Co. Consolidated Mortgage.

Harry Kirshbaum, of New York City, for Certain Bondholders of Providence Securities Co.

Bentley W. Warren and Warren, Garfield, Whiteside & Lamson, all of Boston, Mass., for Boston & Providence Railroad Corporation and its trustees.

John B. Marsh and Mitchell, Taylor, Capron & Marsh, all of New York City, for City Bank Farmers Trust Co., as trustee under Central New England Ry. Co. First Mortgage.

George W. Martin, of New York City, for Connecticut Ry. & Lighting Co.

Robert T. Bushnell, Atty. Gen., for Commonwealth of Massachusetts.

Robert P. Weil, of New York City, for Empire Trust Co.

Edwin S. S. Sunderland and Davis, Polk, Wardwell, Gardiner & Reed, all of New York City, for New Haven Ins. Group.

Hiram S. Gans, of New York City, for Group of Holders of First Mortgage Bonds of New York, Westchester & Boston Ry. Co.

Paul D. Miller and Mudge, Stern, Williams & Tucker, of New York City, for Group of Banks Holding Collateral Notes.

Edgar P. Baker and Milbank, Tweed & Hope, of New York City, for Group of Insurance Companies Holding Bonds of New York, Westchester & Boston Ry. Co.

Harold C. McCollom and Davies, Auerbach, Cornell & Hardy, all of New York City, for Irving Trust Co., as trustee of 6% Collateral Trust Indenture.

Arthur Garfield Hays, and Eugene Untermyer, both of New York City, and Satterthwaite & Foulk, of Wilmington, Del., for Independent Bondholders Committee.

Howard W. Brown and Peabody, Brown, Rowley & Storey, all of Boston, Mass., for Merchants Nat. Bank of Boston, and Independent Group of Boston & Providence Stockholders.

Fred N. Oliver, of New York City, for Mutual Savings Bank Group.

Warren, Garfield, Whiteside & Lamson, of Boston, Mass., for New England Investment & Security Co. — 1927, and Springfield Ry. Companies — 1926.

John L. Hall and Choate, Hall & Stewart, all of Boston, Mass., for New York, New Haven & Hartford R. Co.

William W. Meyer and Hermon J. Wells, both of New Haven, Conn., for Trustees of the Principal Debtor and of Old Colony.

Charles A. Coolidge and Ropes, Gray, Best, Coolidge & Rugg, all of Boston, Mass., for Old Colony R. Co.

Charles J. Winkler, Jr., Burnham, Bingham, Pillsbury, Dana & Gould, all of Boston, Mass., for Old Colony Trust Company, as trustee under the First Mortgage of Old Colony R. Co.

Arthur E. Whittemore, of Boston, Mass., for Old Colony Commuters & Shippers League.

Joseph Reinhardt and Greenbaum, Wolff & Ernst, all of New York City, for Protective Committee for Holders of Housatonic Bonds.

Henry S. Drinker, Jr. and Henry Wolf Bikle, both of Philadelphia, Pa., for Pennsylvania R. Co.

Robert G. Dodge and Palmer, Dodge, Barstow, Wilkins & Davis, all of Boston, Mass., for Protective Committee of the Shareholders of Old Colony R. Co.

T. F. Davies Haines, of New York City, for President and Directors of The Manhattan Co.

Robert G. Dodge and Oscar M. Shaw, both of Boston, Mass., Special Counsel for trustees of Old Colony R. Co.

Walter A. Edwards and Edwards & Angell, all of Providence, R. I., for Providence & Worcester R. Co.

Franklin E. Parker, Jr. and Parker & Duryee, all of New York City, for Protective Committee for Holders of New Haven Preferred Stock.

John C. Rice and Gaston, Snow, Hunt, Rice & Boyd, all of Boston, Mass., for Provident Institution for Savings in Town of Boston.

Beckwith & Van Slyck, of New York City, for Protective Committee for Boston & New York Air Line Bondholders.

Raymond S. Wilkins, of Boston, Mass., for Protective Committee of Preferred Shareholders of Boston Ralroad Holding Co.

Malcolm Donald and Herrick, Smith, Donald & Farley, all of Boston, Mass., for Protective Committee for Holders of Harlem River & Port Chester Bonds.

John M. MacGregor, of New York City, for Protective Committee for New Haven Common Stockholders.

Claude E. Hamilton, Jr., of Washington, D. C., for Public Works Administration.

William J. Kane, of Baltimore, Md., for Railroad Credit Corporation.

Russell L. Snodgrass, of Washington, D. C., for Reconstruction Finance Corporation.

Harold E. Staples, of Providence, R. I., for Rhode Island Hospital Nat. Bank.

Peabody, Arnold, Batchelder & Luther, of Boston, Mass., for State Street Trust Co.

Dwight B. MacCormack, of Boston, Mass., for Massachusetts Special Railroad Commission.

Charles S. Clark, of Duxbury, Mass., and Eugene J. Phillips, of Providence, R. I., for Treasurer, State of Connecticut, as trustee under Boston & New York Air Line First Mortgage.

W. A. W. Stewart, M'Cready Sykes, and Stewart & Shearer, all of New York City, for United States Trust Company of New York, as trustee under the Harlem River and Port Chester First Mortgage.

Frederick H. Wiggin and Wiggin & Dana, all of New Haven, Conn., for Bankers Trust Co., as trustee under the First and Refunding Mortgage.

Edward C. Bailly and Willkie, Owen, Otis & Bailly, all of New York City, for New York Trust Co. as trustee under Worcester & Connecticut Eastern Mortgage.

Robert E. Goodwin and Goodwin, Proctor & Hoar, all of Boston, Mass., for Bankers Trust Co., as trustee under First and Refunding Mortgage.

James Garfield, of Boston, Mass., special counsel for trustees of New Haven R. R.


HINCKS, District Judge.

Since the allowance of claims for fees and expenses in a reorganization and the amounts allowed may depend among other things upon the outcome of the proceedings and various phases thereof, after ordering the plan returned to the Interstate Commerce Commission for further consideration the situation appeared to me too fluid to permit of a just and final appraisal of all the factors involved in the pending applications. However, the subsequent...

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