IN RE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD CO.

No. 387, Docket 31082.

378 F.2d 635 (1967)

In the Matter of the NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Debtor. The CHASE MANHATTAN BANK (N. A.), as Trustee under the Debtor's General Income Mortgage dated July 1, 1947, the Committee for the Holders of the Debtor's First and Refunding Mortgage Bonds and Oscar Gruss & Son, Appellants, Richard Joyce SMITH and William J. Kirk, as the Trustees of the Debtor's Property, Appellees.

United States Court of Appeals Second Circuit.

Decided May 29, 1967.


Attorney(s) appearing for the Case

Joseph Schreiber, Wilkie Bushby, New York City (Dewey, Ballantine, Bushby, Palmer & Wood, New York City), for Chase Manhattan Bank (N.A.) as Corporate Trustee under Debtor's General Income Mortgage.

Myron D. Isaacs, New York City (Nathan D. Lobell, New York City, of counsel), for Oscar Gruss & Son.

Lester C. Migdal, New York City (Migdal, Low, Tenney & Glass, New York City, Lawrence W. Pollack, New York City, of counsel), for New York, New Haven & Hartford Railroad Co. First Mortgage 4% Bondholders Committee.

Joseph Auerbach, Arthur Blasberg, Jr., Robert G. Bleakney, Jr., Thomas E. Weesner and Morris Baker, Boston, Mass. (Robert W. Blanchette, James W. Grady, New Haven, Conn., and Sullivan & Worcester, Boston, Mass., of counsel), for appellees.

Before WATERMAN, FRIENDLY and HAYS, Circuit Judges.


FRIENDLY, Circuit Judge:

This appeal from an order of Circuit Judge Anderson, who has continued to preside over the reorganization proceedings of The New York, New Haven and Hartford Railroad Company ("New Haven") under § 77 of the Bankruptcy Act in the District Court for Connecticut, is another facet of the growing controversy between the New Haven's Trustees and certain of its security holders, see Oscar Gruss &...

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