IN RE NEW YORK, NEW HAVEN & HARTFORD R. CO.

No. 107.

147 F.2d 40 (1945)

In re NEW YORK, NEW HAVEN & HARTFORD R. CO.

Circuit Court of Appeals, Second Circuit.

Motions for Modification and Stay of Mandate Denied January 23, 1945.


Attorney(s) appearing for the Case

Choate, Hall & Stewart, of Boston, Mass. (John L. Hall and James Garfield, both of Boston, Mass., of counsel), for debtor-appellant.

Henry S. Drinker, Edwin A. Lucas, Drinker, Biddle & Reath, and John Dickinson, all of Philadelphia, Pa. for Pennsylvania R. Co.

William D. Morton, Jr., of Boston, Mass., for Protective Committees for Holders of Preferred and Common Stock of New York, New Haven & Hartford R. Co.

Appleton, Rice & Perrin, of New York City (Lee J. Perrin, and Clifton S. Thomson, both of New York City, of counsel), for Bank of Manhattan Co.

Harold E. Staples and Tillinghast, Collins & Tanner, all of Providence, R. I., for Rhode Island Hospital Nat. Bank of Providence.

Howard W. Brown, Peabody, Brown, Rowley & Storey, Willard B. Luther and Peabody, Arnold, Batchelder & Luther, all of Boston, Mass., for Merchants Nat. Bank of Boston.

Edgar Turlington, and Greenbaum, Wolff & Ernst, of New York City, Roberts & McInnis, of Washington, D. C., for appellants Protective Committee for Bonds of Housatonic R. Co.

Richard Ely, Ely, Bradford, Thompson & Brown, Joseph B. Ely, all of Boston, Mass. (Seibert & Riggs, of New York City, of counsel), for appellant Protective Committee for Bonds of Old Colony R. Co.

Robert T. Bushnell, Atty. Gen., Arthur E. Whittemore, Sp. Asst. Atty. Gen., Earl Johnson, of Boston, Mass., for Commonwealth of Massachusetts.

Henry E. Foley, of Boston, Massachusetts, for appellant City of Boston.

Henry W. Anderson, of Richmond, Va., and Curtiss K. Thompson, of New Haven, Conn. (Hunton, Williams, Anderson, Gay & Moore, of Richmond, Va., and Parmelee & Thompson, of New Haven, Conn., of counsel), for Institutional Group for Boston Terminal Bonds.

Robert H. Davison, of Boston, Mass. (Haussermann, Davison & Shattuck, of counsel), for appellant Webster & Atlas Nat. Bank of Boston, Trustee.

Damon E. Hall and Rutherford E. Smith, both of Boston, Mass. (Hurlburt, Jones, Hall & Bickford, all of Boston, Mass., of counsel), for appellant Mutual Savings Bank Group Committee for Boston Terminal Co. Bonds.

Charles S. Clark, of South Duxbury, Mass., for Town of Duxbury.

Oliver & Donnally, of New York City (Fred N. Oliver and Willard P. Scott, both of New York City, of counsel), for Mutual Savings Bank Group.

Stewart & Shearer, of New York City (William A. W. Stewart and M'Cready Sykes, both of New York City, of counsel), for United States Trust Company of New York, Trustee of The Harlem River & Port Chester Mortgage.

Root, Clark, Buckner & Ballantine, of New York City (William P. Palmer and Philip E. Gregg, both of New York City, of counsel), for Bank of New York, Trustee under The New England Railroad Company Mortgage.

James L. Homire, of Washington, D. C., for Reconstruction Finance Corporation.

Beers & Beers, of New Haven, Conn. (Edmund Ruffin Beckwith, of New York City, of counsel), for Protective Committee for Holders of Boston and New York Air Line First Mortgage 4% Bonds.

Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City (Edwin S. S. Sunderland, Judson C. McLester, Jr., Russel S. Coutant, and Arthur L. Krenzien, all of New York City, of counsel), for Insurance Group.

White & Case, of New York City (Fitzhugh McGrew, of New York City, of counsel), for Bankers Trust Company, Trustee, First and Refunding Mortgage.

Davies, Auerbach, Cornell & Hardy, of New York City (H. C. McCollom, of New York City, of counsel), Attorneys for Irving Trust Company, Trustee under 6% Collateral Trust Indenture.

Mitchell, Capron, Marsh, Angulo & Cooney, of New York City (Edward E. Watts, Jr., of New York City, of counsel), for City Bank Farmers Trust Company, Trustee, First Mortgage Central New England Railway Company.

Charles A. Coolidge, Oscar M. Shaw, and Warren E. Carley, all of Boston, Mass. (Ropes, Gray, Best, Coolidge & Rugg, of Boston, Mass., of counsel), for Old Colony R. Co.

Hermon J. Wells, of New Haven, Conn. (J. H. Gardner, Jr., of New Haven, Conn., of counsel), for Trustees of property of New York, New Haven & Hartford R. Co.

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


SWAN, Circuit Judge.

These fifteen appeals have been heard together upon a consolidated record. All of the appellants have appealed from an order of the district court entered March 6, 1944 approving a plan of reorganization for the New York, New Haven & Hartford Railroad Company (hereafter for brevity called "New Haven" or the "debtor") under section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205. Three of the appellants, Bank of the Manhattan Company, Rhode...

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