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DELAWARE & HUDSON CO. v. NEW YORK, NEW HAVEN & H. R. CO.

No. 16562.

128 F.Supp. 550 (1954)

The DELAWARE AND HUDSON COMPANY, Petitioner, v. The NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, and Connecticut Railway and Lighting Co., Respondents.

United States District Court, D. of Connecticut.

November 29, 1954.

Attorney(s) appearing for the Case

Frederick H. Wiggin, New Haven, Conn., for The Delaware and Hudson Co. Henry V. Atherton, Herrick, Smith, Donald, Farley & Ketchum, Boston, Mass., Donald D. Dart, New York City, of counsel.

J. H. Gardner, Jr., New Haven, Conn., for The New York, New Haven and Hartford R. R. Co.

Beekman & Bogue, New York, N. Y., for Connecticut Ry. and Lighting Co. Edward K. Hanlon, A. T. Wenzell, New York City, of counsel.

HINCKS, Circuit Judge.

This petition, filed in these proceedings on May 8, 1953, almost six years after entry of the Final Decree and Order of Consummation, frankly seeks a reopening of Order 763, which had been entered on Claim 82 on August 4, 1944, some three years prior to the Final Decree and Order of Consummation.

Background of the Petition

Claim 82 was one timely filed in behalf of the publicly-held preferred stock of the Boston Railroad Holding...

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