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COMMISSION OF DEPT. OF P. U. v. NEW YORK, N. H. & H. R. CO.

No. 40, Docket 21392.

178 F.2d 559 (1949)

COMMISSION OF DEPARTMENT OF PUBLIC UTILITIES OF COMMONWEALTH OF MASSACHUSETTS v. NEW YORK, N. H. & H. R. CO.

United States Court of Appeals Second Circuit.

Decided December 13, 1949.

Attorney(s) appearing for the Case

Francis E. Kelly, Attorney General, by Francis J. Roche and David H. Stuart, Assistant Attorneys General, for appellant.

H. J. Wells, New Haven, Conn., counsel for the New York, New Haven and Hartford Railroad Co., appellee. J. H. Gardner, Jr., New Haven, Conn., of counsel.

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

CHASE, Circuit Judge.

This appeal is another phase of the reorganization under Section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205, of the New York, New Haven and Hartford Railroad Company. The Commission of the Department of Public Utilities of the Commonwealth of Massachusetts has appealed from an order of the reorganization court restraining it from interfering with the reorganized New Haven's curtailing passenger service, as of March 1, 1949, on what used...

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