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McGRATH v. CITIES SERVICE CO.

No. 25, Docket 21925.

189 F.2d 744 (1951)

McGRATH, Atty. Gen., v. CITIES SERVICE CO. et al.

United States Court of Appeals Second Circuit.

Decided June 13, 1951.

Attorney(s) appearing for the Case

George B. Searls, Dept. of Justice, Washington, D. C., Harold I. Baynton, Asst. Atty. Gen., Irving H. Saypol, U. S. Atty., New York City, James D. Hill, Irwin A. Seibel, Department of Justice, Washington, D. C., for appellant.

William M. Evarts, New York City, Frueauff, Burns, Ruch & Farrell, and Milbank, Tweed, Hope & Hadley, all of New York City, for appellees.

Before CHASE, FRANK and L. HAND, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a judgment summarily dismissing the complaint of the Attorney-General as substituted owner of three negotiable bonds, payable to bearer, against the Cities Service Company, the obligor, and the Chase National Bank of New York, the "indenture trustee." The plaintiff claimed to have become the obligee of the bonds by virtue of a "vesting" order, issued by him as Alien Property Custodian under § 7(c) and § 5(b...

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