IN RE THIRD AVE. TRANSIT CORP.


120 F.Supp. 839 (1954)

In re THIRD AVE. TRANSIT CORP. et al.

United States District Court, S. D. New York.

April 26, 1954.


Attorney(s) appearing for the Case

Saxe, Bacon, O'Shea & Bryan, New York City, for Lester T. Doyle, trustee in Reorganization, William J. O'Shea, Edward D. Burns, John A. Kiser, New York City, of counsel.

Kelley, Drye, Newhall & Maginnes, New York City, for Hanover Bank, trustee under the First Refunding Mortgage Bonds, Frank H. Heiss, W. Frederick Knecht, New York City, of counsel.

Murphy, Block, Sullivan & Sawyer, New York City, for O'Connell Committee for First Refunding Mortgage Bonds, Mendel Lurie, New York City, of counsel.

Harold P. Seligson, New York City, for Amott Committee for First Refunding Mortgage Bonds, Edmund Burke, Jr., New York City, of counsel.

Hays, St. John, Abramson & Schulman, New York City, for petitioning creditors, Edward M. Garlock, New York City, of counsel.

Wagner, Quillinan, Tennant & Nussenfeld, New York City, for Colonial Trust Co. as Adjustment Mortgage Trustee.

Bergerman & Hourwich, New York City, for Adjustment Bondholders' Committee (Lee Thompson Smith, Chairman), Joseph Calderon, New York City, of counsel.

Baker, Obermeier & Rosner, and Kresel & Meyerson, New York City, for Tinker Committee for Adjustment Mortgage Bonds.

Alfred Koerner, New York City, for stockholders, as per statement filed under Sec. 210, Bank.Act.


DIMOCK, District Judge.

The Reorganization Trustee has moved for a determination of the status of $5,681,500 of First Refunding Mortgage bonds held by him. They are bonds of Third Avenue Railway Company to which company the debtor, Third Avenue Transit Corporation, is successor by merger. They will hereinafter be sometimes referred to as the Treasury Bonds. The debtor and its predecessor, Third Avenue Railway Company, will be referred to interchangeably as the debtor...

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