NEW YORK, N. H. & H. R. CO., 1ST MTG. 4% B. C. v. UNITED STATES

Nos. 68 Civ. 5200, 68 Civ. 5210, 69 Civ. 11, 69 Civ. 12.

305 F.Supp. 1049 (1969)

The NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, FIRST MORTGAGE 4% BONDHOLDERS' COMMITTEE, the Chase Manhattan Bank, N. A., as Trustee Under the General Income Mortgage of the New York, New Haven and Hartford Railroad Company, Manufacturers Hanover Trust Company, as Trustee of the First and Refunding Mortgage of the New York, New Haven and Hartford Railroad Company, and Oscar Gruss & Son, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Penn Central Company, State of New York, and State of Connecticut, Intervening Defendants.

United States District Court S. D. New York.

June 18, 1969.


Attorney(s) appearing for the Case

Migdal, Low, Tenney & Glass, by Lester C. Migdal and Lawrence W. Pollack, New York City, for Bondholders Committee.

Dewey, Ballantine, Bushby, Palmer & Wood, by Wilkie Bushby, and Joseph Schreiber, New York City, for Chase Manhattan Bank.

Simpson, Thacher & Bartlett, by Albert X. Bader, Jr., Horace J. McAfee, and John J. McGraw, New York City, for Manufacturers Hanover Trust Co.

Myron S. Isaacs, New York City, for Oscar Gruss & Son.

Robert W. Ginnane, Gen. Counsel, and Leonard S. Goodman, Asst. Gen. Counsel, for Interstate Commerce Commission.

Debevoise, Plimpton, Lyons & Gates, by Roswell B. Perkins, Francis T. P. Plimpton, Robert L. King, Harvey J. Goldschmid, William G. Bardel; and Ulrich Schweitzer, New York City, for Penn Central Co.

Robert K. Killian, Atty. Gen., and Samuel Kanell, Hartford, Conn., for State of Connecticut.

Louis J. Lefkowitz, Atty. Gen., and Walter J. Myskowski, Washington, D. C., for State of New York.

Before FRIENDLY, Circuit Judge, and WEINFELD and LEVET, District Judges.


FRIENDLY, Circuit Judge:

On July 10, 1968, this court vacated "so much of the Commission's orders of November 16, 1967 and March 1, 1968, as finds the acquisition of NH by Penn Central on the terms provided in the Purchase Agreement and the interim loss-sharing and loan arrangements to be just and reasonable" and remanded the cause to the Commission for further consistent proceedings. 289 F.Supp. 418...

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