MAYER v. CHASE NATIONAL BANK OF CITY OF NEW YORK

Docket 24465.

242 F.2d 148 (1957)

Rosa MAYER as Administratrix of Benjamin Mayer, Plaintiff, v. CHASE NATIONAL BANK OF the CITY OF NEW YORK, as Trustee, etc., Western Pacific Railroad Corporation, Wells Fargo Bank & Union Trust Company and Helene N. Preis, as Trustees under the Will of Sanford Sachs, John M. Wilmans as Executor of Lillian Wilmans, Leo V. Korbel, and Bank of America National Trust & Savings Association, etc., Defendants, Euphemia V. R. Wyatt, as Administratrix c t a of Christopher B. Wyatt, et al., Intervening Defendants, and People of the State of New York, Intervenor Defendant.

United States Court of Appeals Second Circuit.

Decided March 12, 1957.


Attorney(s) appearing for the Case

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

Eugene H. Nickerson, New York City, Special Guardian.

Bernard Cowen, New York City, for Intervening defendants.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, for the People of the State of New York.

Milbank, Tweed, Hope & Hadley, New York City, for Chase Manhattan Bank, etc.

Abraham J. Gellinoff, New York City, Special Guardian.

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


PER CURIAM.

On a prior appeal in this case we set aside a summary judgment entered in favor of the plaintiff and other known bondholders, 2 Cir., 233 F.2d 468. Upon the remand, the District Court entered judgment dismissing plaintiff's complaint and the claims of the other known bondholders, and they have filed an appeal from this judgment. Motions have been made to dismiss the appeal as frivolous on the ground that we previously...

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