UNITED STATES v. MORRIS & ESSEX R. CO.

No. 240.

135 F.2d 711 (1943)

UNITED STATES v. MORRIS & ESSEX R. CO. et al.

Circuit Court of Appeals, Second Circuit.

May 7, 1943.


Attorney(s) appearing for the Case

Frederick M. Schlater, and DeForest & Elder, all of New York City (Robert D. Elder and Frederick M. Schlater, both of New York City, of counsel), for Morris & Essex Railroad Company et al.

Edwin M. Slote, of New York City, for appellant Dryfus.

Frank J. Dufficy and Mathias F. Correa, U. S. Atty., both of New York City, for appellee.

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


L. HAND, Circuit Judge.

This is an appeal from an order, enjoining the Delaware, Lackawanna & Western Railroad, from making any further payments to the shareholders of the Morris & Essex Railroad Company which fall due as rent under a lease of its railroad to the Lackawanna. The facts which are undisputed are as follows: In 1868 the Morris & Essex leased its property of every kind for the duration of its charter to the Lackawanna, in consideration of a...

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