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FRIEDMAN v. CHESAPEAKE & OHIO RAILWAY CO.

No. 462, Docket 31110.

395 F.2d 663 (1968)

Irving D. FRIEDMAN and Sylvia Friedman, on behalf of themselves and in a representative capacity on behalf of all other owners and/or holders of Baltimore and Ohio convertible 4½% income bonds due February 1st, 2010, Plaintiffs-Appellants, v. CHESAPEAKE AND OHIO RAILWAY COMPANY and Baltimore and Ohio Railroad Company, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 4, 1968.

Attorney(s) appearing for the Case

Charles J. Fine, New York City, for plaintiffs-appellants.

Carl E. Newton, New York City (Donovan, Leisure, Newton & Irvine, Robert F. Morten, R. Barry McComic, New York City, of counsel), for Chesapeake & Ohio R. Co.

Eugene Z. DuBose, New York City (Alexander & Green, Richard T. McDermott, New York City, of counsel), for Baltimore & Ohio R. Co.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

PER CURIAM:

This is an appeal from a judgment dismissing a complaint which alleges as a first cause of action that plaintiffs-appellants are the owners of $200,000 face value B & O 4½% convertible income bonds due February 1, 2010 ($22,000,000 principal amount outstanding); that the bonds were issued pursuant to an Indenture (Chase Manhattan Bank, Indenture Trustee); that the defendants Chesapeake and Ohio Railway...

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