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

No. 369.

150 F.2d 169 (1945)

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

Circuit Court of Appeals, Second Circuit.

June 30, 1945.


Attorney(s) appearing for the Case

Joseph B. Ely, Richard Ely, and Ely, Bradford, Thompson & Brown, all of Boston (Seibert & Riggs, of New York City, of counsel), for appellants.

Judson C. McLester, Jr., of New York City, for appellees.

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 Co. of New York, Trustee of Harlem River & Port Chester Mortgage.

Wm. Meade Fletcher, Jr., of Washington, D. C., for Reconstruction Finance Corporation.

Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City (Edwin S. S. Sunderland, James L. Homire, and William D. Tucker, Jr., all of New York City, of counsel), for Insurance Group.

White & Case, of New York City (Joseph M. Hartfield and Jesse E. Waid, both of New York City, of counsel), for Bankers Trust Co., Trustee, First and Refunding Mortgage.

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

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.

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


PER CURIAM.

The prior appeal, upon which our mandate was issued, was from an order approving a plan of reorganization which contained provisions for the purchase by New Haven of Old Colony assets. The opinion is reported in 147 F.2d 40. In the portion of the opinion dealing with the appeal by the Protective Committee for Bonds of Old Colony we said, page 50:

"We conclude that the...

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