Sylvan LEMAIRE, on behalf of himself and all other bondholders of Kentucky and Indiana Terminal Railroad Company, similarly situated, Plaintiff-Appellant,
v.
KENTUCKY AND INDIANA TERMINAL RAILROAD COMPANY, The Baltimore and Ohio Railroad Company, Chicago, Indianapolis & Louisville Railway Company and Southern Railway Company, Defendants-Appellees.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued January 22, 1957.
Decided April 2, 1957.
Attorney(s) appearing for the Case
Milton Pollack, New York City (Samuel N. Greenspoon, New York City, on the brief), for plaintiff-appellant.
Ralph M. Carson, of Davis, Polk, Wardwell, Sunderland & Kiendl, New York City (Thomas O'G. FitzGibbon and Francis W. Phillips, of Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, Henry L. Walker, Washington, D. C., and Louis Seelbach, Louisville, Ky., on the brief), for defendants-appellees.
Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.
United States Court of Appeals Second Circuit.
CLARK, Chief Judge.
This appeal is from a decision, D.C. S.D.N.Y., 140 F.Supp. 82, declaring that the words "payable * * * in * * * gold coin" in certain bonds issued in Great Britain in 1911 merely described the currency in use there and did not constitute a gold value clause of the sort recognized in Feist v. Société Intercommunale Belge d'Électricité, [1934] A.C. 161. In the district court's view the issuer...
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