MATTER OF NEW YORK, SUSQUEHANNA & WESTERN RAILROAD COMPANY

No. 10647.

196 F.2d 216 (1952)

In The Matter of NEW YORK, SUSQUEHANNA & WESTERN RAILROAD COMPANY, Edith A. Merritt, Appellant.

United States Court of Appeals Third Circuit.

Decided February 23, 1952.

Rehearing Denied March 18, 1952.


Attorney(s) appearing for the Case

Edith A. Merritt, pro se.

J. Harlin O'Connell, New York City (McLaughlin & Stern, New York City, Leo V. McLaughlin, New York City, on the brief), for Protective Committee for Holders of Debtor's First Mortgage Refunding Bonds.

Coleman Burke, New York City (Burke & Burke, New York City, McCarter, English & Studer and Nicholas Conover English, all of Newark, N. J., on the brief), for Protective Committee for Holders of Debtor's General Mortgage Bonds.

Raymond A. Coleman, Jersey City, N. J. (Anderson, Rugge & Coleman, Jersey City, N. J., on the brief), for Commercial Trust Co. of New Jersey as Successor Trustee under Debtor's First Refunding Mortgage.

Edwards S. Sanford, Newark, N. J. (Harrison & Roche & Darby, Newark, N. J., on the brief), for National State Bank of Newark, N. J., as Successor Trustee under Debtor's Second Mortgage.

Edward F. Clark, Jr., New York City (Carter, Ledyard & Milburn, New York City, on the brief), for United States Trust Co. of New York, as Trustee under Debtor's Terminal First Mortgage.

R. M. D. Richardson, New York City (Root, Ballantine, Harlan, Bushby & Palmer, New York City, on the brief), for New York Life Ins. Co.

Ralph E. Lum, Newark, N. J. (Lum, Fairlie & Foster, Newark, N. J., on the brief), for Debtor's Trustee.

Frank H. Heiss, New York City (Kelley, Drye, Newhall & Maginnes, New York City, on the brief), for Hanover Bank, as Trustee under First Mortgage of Midland R. Co. of New Jersey and First Mortgage of Paterson Extension R. Co.

Arthur Frank, New York City (Frank & Gonnet, New York City, on the brief), for Group of Holders of Bonds of Paterson Extension R. Co.

Richard Swan Buell, New York City (McLanahan, Merritt & Ingraham, New York City, on the brief), for Bankers Trust Co. as Successor Trustee under First Mortgage of Wilkes-Barre & Eastern R. Co.

Irving E. Meller, New York City, on the brief, for Sutro Bros. & Co.

Before KALODNER and HASTIE, Circuit Judges, and HARTSHORNE, District Judge.


PER CURIAM.

This appeal is from the Order of the District Court, 103 F.Supp. 981, approving the plan of reorganization in proceedings for the reorganization of the New York, Susquehanna and Western Railroad Company under Section 77 of the Bankruptcy Act as amended.1

The primary issue presented is whether the plan of reorganization is fair and equitable, particularly with respect to the debtor...

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