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MAYER v. CHASE NATIONAL BANK OF CITY OF NEW YORK

165 F.Supp. 287 (1958)

Rose MAYER, as Administratrix of Benjamin Mayer, Plaintiff, 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 Railway Company and the Bowling Green Trust Company, et al., Defendants, Euphemia V. R. Wyatt, as Administratrix of Christopher B. Wyatt, et al., Intervening Defendants and People of The State of New York, Intervening Defendant.

United States District Court S. D. New York.

August 5, 1958.

Attorney(s) appearing for the Case

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

Millbank, Tweed, Hope & Hadley, New York City, for defendants.

Abraham J. Gellinoff, New York City, guardian ad litem.

Eugene H. Nickerson, New York City, guardian for absentee-bondholders.

Bernard Cowen, New York City, for intervening defendants Euphemia V. R. Wyatt, as Administratrix etc. et al.

Louis J. Lefkowitz, Atty. Gen. of State of New York, for intervening defendant People of State of New York, Daniel M. Cohen, Asst. Atty. Gen. of the State of New York, of counsel.

DIMOCK, District Judge.

These are motions in a suit by plaintiff and other known holders of Western Pacific Railway mortgage bearer bonds to compel disposition of a fund held by defendant Chase National Bank of the City of New York as Trustee.

The facts are stated in detail in previously reported opinions in the case, at D.C., 136 F.Supp. 83, reversed 2 Cir., 233 F.2d 468; 2 Cir.,

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