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FREEMAN v. MULCAHY

Nos. 5194-5199.

250 F.2d 463 (1957)

Samuel M. FREEMAN et al., Etc., Intervenors, Appellants, v. Charles W. MULCAHY, Trustee, et al., Appellees. BOSTON & PROVIDENCE RAILROAD CORPORATION, Debtor, Appellant, v. Charles W. MULCAHY, Trustee, et al., Appellees. H. C. BARTON et al., Etc., Intervenors, Appellants, v. Charles W. MULCAHY, Trustee, et al., Appellees.

United States Court of Appeals First Circuit.

December 9, 1957.

Attorney(s) appearing for the Case

Lewis M. Dabney, Jr., New York City, with whom Ralph Montgomery Arkush, New York City, Jacob J. Kaplan and Nutter, McClennen & Fish, Boston, Mass., were on the brief, for Samuel M. Freeman, and others, appellants.

Donald C. Starr, Boston, Mass., for Boston & Providence Railroad Corp., appellant.

Sidney H. Willner and Armistead B. Rood, Washington, D. C., with whom Cassius M. Clay, Paris, Ky., and Joseph B. Hyman, Alexandria, Va., were on the brief, for H. C. Barton, and others, appellants.

James Garfield, Boston, Mass., with whom Herbert H. Corbin, New Haven, Conn., Leonard Alpert and Choate, Hall & Stewart, Boston, Mass., were on the brief, for New York, New Haven and Hartford Railroad Co., appellee.

Paul E. Troy, Boston, Mass., for Charles W. Mulcahy, Trustee of the Boston & Providence Railroad Corp., appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

These are appeals from two orders entered by the United States District Court for the District of Massachusetts in a proceeding for the reorganization of the Boston & Providence Railroad Corporation under Section 77 of the Bankruptcy Act, 47 Stat. 1474, as amended, 11 U.S. C.A. § 205. One order approved a plan of reorganization for the debtor-railroad; the other classified the securities of the railroad for the purposes of voting...

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