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

No. 30226.

331 F.Supp. 212 (1971)

In Proceedings for the Reorganization of a Railroad. In the Matter of The NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Debtor.

United States District Court, D. Connecticut.

June 22, 1971.


Attorney(s) appearing for the Case

Robert H. Quinn, Atty. Gen., Boston, Mass., for Commonwealth of Massachusetts.

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

Simpson, Thacher & Bartlett, New York City, for Manufacturers Hanover Trust Co.

William Nelson, Sp. Asst. to Atty. Gen., United States Department of Justice, Washington, D. C., for United States of America.

Walter A. Kernan, Carter, Ledyard & Milburn, New York City, for United States Trust Co. of New York.

Lester C. Migdal, Migdal, Low, Tenney & Glass, New York City, and Lander, Greenfield & Krick, New Haven, Conn., for Harry Rebell and Lester W. Rubin, as New York, New Haven and Hartford R. Co. First Mortgage 4% Bondholders Committee.

Mulholland, Hickey & Lyman, Washington, D. C., for Railway Labor Executives' Ass'n.

Louis J. Lefkowitz, Atty. Gen., Albany, N. Y., for the State of New York.

Oscar Gruss and Son, New York City, Albert E. West, Director of Business Regulation State of Rhode Island, Providence, R. I., for State of Rhode Island.

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

Robert M. Peet, Gen. Atty., Penn Cent. Co., New York City, Interstate Commerce Commission, Washington, D. C., Joseph R. DiStefano, East Providence, R. I., for Providence & Worcester Co.

William S. Nydorf, New York City, for N.Y., N.H. & H.T.F.D., Trustee.

Roswell B. Perkins, Debevoise, Plimpton, Lyons & Gates, New York City, Shaun S. Sullivan, Wiggin & Dana, New Haven, Conn., for Penn Central.

James William Moore, New Haven, Conn., for Trustee New York, New Haven & Hartford Railroad Co.

Charles A. Horsky, Covington & Burling, Washington, D. C., for George P. Baker, Richard C. Bond, Jervis Langdon, Jr., and Willard Wirtz, Trustees of property of Penn Cent. Transp. Co., Debtor.

Frank H. Heiss, Kelley, Drye, Warren, Clark, Carr & Ellis, New York City, Joseph Auerbach, Sullivan & Worcester, Boston, Mass., for Manufacturers Hanover Trust Co., as Trustee under New York Cent. and Hudson River R. Co. Gold Bond Mortgage dated June 1, 1897.


ORDER OF REMAND ON JUDGMENT OF SUPREME COURT IN THE NEW HAVEN INCLUSION CASES

ANDERSON, Circuit Judge.*

The Interstate Commerce Commission (the "Commission") having certified to this court on December 2, 1968, a plan of reorganization (the "Plan") for the Debtor, as set forth in the Commission's Fourth Supplemental Report on Reconsideration and Further Hearing, dated November 25,...

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