HOLMES v. UNITED STATES


89 F.Supp. 894 (1949)

HOLMES et al. v. UNITED STATES et al.

United States District Court S. D. New York.

November 25, 1949.


Attorney(s) appearing for the Case

David M. Palley and Siegelbaum, Rosenzweig, Palley & Berger, New York City, for plaintiffs.

William D. McFarlane, Special Assistant to Attorney General and Gerald L. Phelps, Special Attorney, Department of Justice, Washington, D. C., Herbert A. Bergson, Assistant Attorney General, James E. Kilday, Special Assistant to Attorney General, John F. X. McGohey, United States Attorney, New York City, for defendant United States of America.

Harold J. Gallagher and Willkie, Owen, Farr, Gallagher & Walton, New York City, for defendant Macon, Dublin & Savannah R. Co.

Daniel W. Knowlton, Chief Counsel, Washington, D. C., for intervenor-defendant Interstate Commerce Commission.

By leave of Court, a brief amici curiae was filed by Fred N. Oliver, Willard P. Scott, Chauncey H. Hand, Jr., and G. Clark Cummings, New York City, for Railroad Securities Owners Association, Inc., R. J. Fletcher, Boston, Mass., for Boston & Maine R. R., and E. Spencer Miller, Portland, Me., for Maine Cent. R. Co.

Before SWAN, Circuit Judge, and RYAN and SAMUEL H. KAUFMAN, District Judges.


SWAN, Circuit Judge.

This is a suit by eight holders of First Mortgage Forty Year 5% Bonds of Macon, Dublin & Savannah Railroad Company to set aside an order made on March 10, 1949 by Division 4 of the Interstate Commerce Commission authorizing an extension of the maturity date, and certain other modifications, of said bonds. The complaint was filed May 24, 1949. The suit is brought under 28 U.S.C.A. §§ 1336, 2321-2325 and 49 U.S.C.A. § 17(9). A...

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