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LEMAIRE v. KENTUCKY & INDIANA TERMINAL RAILROAD CO.

140 F.Supp. 82 (1956)

Sylvan LEMAIRE, on behalf of himself and all other bondholders of Kentucky and Indiana Terminal Railroad Company, similarly situated, Plaintiff, v. KENTUCKY AND INDIANA TERMINAL RAILROAD COMPANY, The Baltimore and Ohio Railroad Company, Chicago, Indianapolis & Louisville Railway Company and Southern Railway Company, Defendants.

United States District Court S. D. New York.

March 12, 1956.

Attorney(s) appearing for the Case

Milton Pollack, New York City, Milton Pollack, Samuel N. Greenspoon, Sidney K. Nadelson, New York City, of counsel, for plaintiff.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, Ralph M. Carson, Thomas O'G. Fitz Gibbon, Henry L. Walker, Jr., New York City, Louis Seelbach, Louisville, Ky., Francis W. Phillips, New York City, of counsel, for defendants.

CASHIN, District Judge.

This is a class action by the plaintiff, Sylvan Lemaire, on behalf of himself and all other bondholders of the defendant, Kentucky And Indiana Terminal Railroad Company (hereafter K & I), similarly situated. Plaintiff seeks a declaratory judgment as to the amount of principal and interest payable on certain "Coupon Gold Bonds" issued by the defendant K & I and guaranteed by the defendants...

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