IN RE THIRD AVENUE TRANSIT CORPORATION

No. 181, Docket 24362.

238 F.2d 665 (1956)

Matters of THIRD AVENUE TRANSIT CORPORATION et al., Debtors. A. Philip WOOLFSON, Appellant, v. Lester T. DOYLE, As Trustee in Reorganization, et al., Appellees.

United States Court of Appeals Second Circuit.

Decided November 30, 1956.


Attorney(s) appearing for the Case

A. Philip Woolfson, New York City, pro se.

Saxe, Bacon & O'Shea, New York City (William J. O'Shea, John A. Kiser and Martin Fogelman, New York City, of counsel), for Lester T. Doyle, trustee in reorganization.

Thomas G. Meeker, Gen. Counsel, David Ferber, Asst. Gen. Counsel, Washington, D. C. (Richard V. Bandler, Attorney, New York City, of counsel), for Securities and Exchange Commission.

Kelley, Drye, Newhall & Maginnes, New York City (Frank H. Heiss, New York City, of counsel), for Hanover Bank, indenture trustee under first refunding mortgage.

Wagner, Quillinan & Tennant, New York City (Sidney R. Nussenfeld, New York City, of counsel), for Colonial Trust Co. as successor trustee under the adjustment mortgage.

Peter Campbell Brown, Corp. Counsel, New York City (Sidney Brandes, New York City, of counsel), for City of New York.

Shearman & Sterling & Wright, New York City (Grayson M-P Murphy and Thomas R. Nangle, New York City, of counsel), for Fifth Avenue Coach Lines, Inc.

Murphy, Block, Sullivan & Sawyer, New York City (John Dwight Sullivan, New York City, of counsel), for O'Connell Committee for First Refunding Bondholders.

Harold P. Seligson and Morton E. Yohalem, New York City (Morton E. Yohalem, New York City, of counsel), for Amott Committee for First Refunding Bondholders.

Charles Poletti, Hoffman, Buchwald, Nadel & Hoffman and Buchman & Buchman, New York City (Charles D. Hoffman, New York City, of counsel), for Imperial Bank of Canada et al., Adjustment Income Bondholders.

Kresel & Meyerson, New York City (Harold I. Meyerson, New York City, of counsel), for Tinker Committee for Adjustment Bondholders.

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

Hays, St. John, Abramson & Heilbron, New York City (Edward M. Garlock and Osmond K. Fraenkel, New York City, of counsel), for petitioning creditors.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.


MEDINA, Circuit Judge.

A corporate reorganization of Third Avenue Transit Corporation was commenced by the filing of an involuntary petition in the District Court for the Southern District of New York on October 25, 1948. Various plans of reorganization were formulated and amended or modified. After numerous and prolonged hearings and consideration by the Securities and Exchange Commission and the Public Service Commission of the State of New York, a Joint Plan of...

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