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MAYER v. CHASE NATIONAL BANK OF CITY OF NEW YORK

No. 278, Docket 23940.

233 F.2d 468 (1956)

Rosa MAYER, as Administratrix of Benjamin Mayer, deceased, Plaintiff-Appellee, v. CHASE NATIONAL BANK OF the CITY OF NEW YORK, as Trustee under a certain agreement made on September 1, 1903, by and between the Western Pacific Railroad Company and the Bowling Green Trust Company, et al., Defendants-Appellees, and The People of the State of New York, Intervening Defendant, Appellant.

United States Court of Appeals Second Circuit.

Decided April 30, 1956.

Attorney(s) appearing for the Case

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

Milbank, Tweed, Hope & Hadley, New York City (William Eldred Jackson and George H. Bailey, New York City, of counsel), for defendant-appellee Chase Nat. Bank as trustee.

Bernard Cowen, New York City, for bondholder defendants and intervening defendants-appellees.

Eugene H. Nickerson, New York City, and Abraham J. Gellinoff, New York City, guardians ad litem for absentee bondholders.

Jacob K. Javits, Atty. Gen., of State of New York (James O. Moore, Jr., Solicitor General, Albany, N. Y., Daniel M. Cohen and Joseph H. Flynn, Asst. Attys. Gen., New York City, of counsel), for appellant.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and GALSTON, District Judge.

MEDINA, Circuit Judge.

This is a suit, based on diversity jurisdiction, for a declaratory judgment. The summary judgment from which this appeal is taken orders the defendant, Chase National Bank, to distribute certain funds to the plaintiff and other known holders of Western Pacific Railway mortgage bearer bonds issued in 1903 and in default since 1933. Reversal is sought by the appellant, the State of New York, an intervening defendant, and by attorneys appointed...

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