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MAYER v. CHASE NATIONAL BANK OF NEW YORK

136 F.Supp. 83 (1955)

Rosa MAYER, as Administratrix of Benjamin Mayer, deceased, Plaintiff, v. CHASE NATIONAL BANK OF The City of NEW YORK, as Trustee, etc., Western Pacific Railroad Corporation, et al., Defendants.

United States District Court S. D. New York.

September 6, 1955.

Attorney(s) appearing for the Case

Robert M. Cowen, New York City, for plaintiff.

Milbank, Tweed, Hope & Hadley, New York City, William Eldred Jackson, New York City, of counsel, for defendant trustee.

Bernard Cowen, New York City, for defendants Western Pac. R. Corp., et al.

Eugene H. Nickerson and Abraham J. Gellinoff, New York City, Sp. Gdns. for unknown bondholders.

Jacob K. Javits, Atty. Gen. of New York, for Comptroller, Joseph H. Flynn, Asst. Atty. Gen., of counsel.

RYAN, District Judge.

Plaintiff bondholder moves for summary judgment in this declaratory judgment suit filed against defendant Trustee and certain named bondholders. The question presented is the proper distribution, as between various bondholders having different interests, of a fund held by defendant Trustee under a mortgage securing bonds issued by the Western Pacific Railway Company. The fund consists of the unclaimed...

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