IN RE PENN CENTRAL TRANSPORTATION COMPANY

No. 70-347.

333 F.Supp. 77 (1971)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. Application of IRVING TRUST COMPANY to impress constructive Trust or Declare Equitable Lien.

United States District Court, E. D. Pennsylvania.

September 21, 1971.


Attorney(s) appearing for the Case

Blank, Rome, Klaus & Comisky, by Marvin Comisky, Goncer Krestal, and Norman L. Holmes, Philadelphia, Pa., Special Counsel to Trustees, Penn Central Transp. Co.

John F. Bomster, Jr., Philadelphia, Pa., for Trustees, Penn Central Transp. Co.

Dilworth, Paxson, Kalish, Levy & Coleman, by David Pittinsky, Philadelphia, Pa., and Davies, Hardy, Ives & Lawther, by F. Martin Bowne, New York City, for Irving Trust Co.

Tate, Diamond, Polsky, Bauer & Ervin, by W. Bourne Ruthrauff, Philadelphia, Pa., for Richard Joyce Smith, Trustee, New York, New Haven & Hartford R.R.

Morgan, Lewis & Bockius, by John N. Schaeffer, Jr., Philadelphia, Pa., for Fidelity Bank.

Ballard, Spahr, Andrews & Ingersoll, by Morris Cheston, Jr., Philadelphia, Pa., for Girard Trust Bank and Morgan Guaranty Trust Co.

Fox, Rothschild, O'Brien & Frankel, by Nochem S. Winnet, Philadelphia, Pa., for First National City Bank of New York.

Drinker, Biddle & Reath, by Jack B. Justice, Philadelphia, Pa., for Girard Trust Bank, Chase Manhattan Bank and Brown Brothers Harriman & Co.

White & Case, by Robert L. Clare, III, New York City, for Bankers Trust Co.

Keley, Drye, Warren, Clark, Carr & Ellis, by Edward Roberts, III, New York City, for Manufacturers Hanover Trust Co.

Liebman & Leader, by Bennett Leader, Buffalo, N. Y., for P.D.C. Building Corp.

Sage, Gray, Todd & Sims, by Herschel E. Sparks, Jr., New York City, for New York State Urban Development Corp.

Schnader, Harrison, Segal & Lewis, by Edward Mullinix, Philadelphia, Pa., for Federal Sign & Signal Corp.


MEMORANDUM AND ORDER

FULLAM, District Judge.

The Debtor is the corporate successor to the New York Central Railroad which, in turn, was the corporate successor of, inter alia, the Mohawk and Malone Railway Company. The petitioner, Irving Trust Company, is the successor indenture trustee of the first mortgage of the Mohawk and Malone Railway Company, dated July 1, 1892, securing an issue of $2,500,000 4% Gold Bonds due September 1, 1991. The petitioner...

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