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NEW YORK, N. H. & H. R. CO. v. RECONSTRUCTION FIN. CORP.

No. 121, Docket 21501.

180 F.2d 241 (1950)

NEW YORK, N. H. & H. R. CO. v. RECONSTRUCTION FINANCE CORPORATION.

United States Court of Appeals Second Circuit.

Decided February 3, 1950.

Attorney(s) appearing for the Case

Berle, Berle, Agee & Land, New York City (Adolf A. Berle, Jr., Robert H. Seabolt, Edward K. Mosenthal, of Berle, Berle, Agee & Land, New York City, George E. McConley, Assistant General Counsel, W. Meade Fletcher, Jr., Chief Railroad Counsel, Washington, D. C., of counsel), for Reconstruction Finance Corporation.

Hermon J. Wells, New Haven (Arthur L. Corbin, H. H. Corbin, New Haven, Conn., of counsel), for New York, N. H. & H. R. Co.

Before L. HAND, Chief Judge, and AUGUSTUS N. HAND and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal by the respondent, the Reconstruction Finance Corporation, from an order in a proceeding to reorganize the New York, New Haven & Hartford Railroad Company under Section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205. On July 11, 1946, the trustees of the road filed a petition (No. 891) to compel the respondent to accept four per cent interest upon notes held by it, instead of...

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