CAPITOL PACKING COMPANY v. SMITH

Civ. A. No. 66-423.

270 F.Supp. 36 (1967)

CAPITOL PACKING COMPANY v. Richard Joyce SMITH and William J. Kirk, duly appointed, qualified and acting Trustees of the property of the New York, New Haven and Hartford Railroad Company, debtor in reorganization and Consolidated Packing Co., Inc. and Mt. Vernon Motor Transportation Co., Inc. Richard Joyce SMITH and William J. Kirk, Trustees, v. The TRAVELERS INDEMNITY COMPANY.

United States District Court D. Massachusetts.

May 10, 1967.


Attorney(s) appearing for the Case

Thomas E. Cargill, Jr., Cargill, Masterman, Redmond, Cahill, Boston, Mass., for plaintiff.

Mark Michelson, Will J. Bangs, Boston, Mass., for defendant Mt. Vernon Motor Transp. Co.

Edmund M. Sweeney, John A. Briggs, Boston, Mass., for defendants R. J. Smith and Wm. Kirk.

Harold Levine, Louis A. Zonderman, Boston, Mass., for Consolidated Packing Co., and Travelers Indem. Co.


FINDINGS OF FACT AND CONCLUSIONS OF LAW.

WYZANSKI, Chief Judge.

1. Capitol Packing Company, a Colorado corporation, filed a complaint against (1) Smith and Kirk, citizens of Connecticut and Massachusetts, who are trustees of the property of the New York, New Haven and Hartford Railroad Company, a debtor in reorganization, (2) Mt. Vernon Motor Transportation Co., Inc., a Massachusetts corporation, and (3) Consolidated Packing Co., Inc., another Massachusetts...

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