IN RE PENN CENTRAL TRANSPORTATION COMPANY

No. 70-347.

337 F.Supp. 779 (1972)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. Claim of Richard Joyce SMITH, Trustee of the N. Y., N. H. & H. Railroad.

United States District Court, E. D. Pennsylvania.

As Amended January 7, 1972.


Attorney(s) appearing for the Case

Edwin K. Taylor, and John DePodesta, Philadelpia, Pa., Counsel to the Trustees, Penn Central Transportation Co., and Covington & Burling, by Charles A. Horsky, and Brice M. Clagett, Washington, D. C., Special Counsel to the Trustees, Penn Central Transportation Co.

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

Dechert, Price & Rhoads, by Norma L. Shapiro, Philadelphia, Pa., for Penn Central Co.

James William Moore, New Haven, Conn., and Sullivan & Worcester, by Joseph Auerbach, and Morris Raker, Boston, Mass., and Tate & Ervin, by Spencer Ervin, Jr., and W. Bourne Ruthrauff, Philadelphia, Pa., for Richard Joyce Smith, Trustee, New York, New Haven & Hartford Railroad.

Willkie, Farr & Gallagher, by Walter H. Brown, Jr., New York City, for Institutional Investors, Penn Central Group.

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

Kelley, Drye, Warren, Clark, Carr & Ellis, by Edward Roberts, III, New York City for Manufacturers Hanover, as trustee under certain mortgages of the debtor.

Ballard, Spahr, Andrews & Ingersoll, by Morris Cheston, Jr., Philadelphia, Pa., for Girard Trust Bank, indenture trustee.

Davis, Polk & Wardwell, by Stephen H. Case, New York City, for Morgan Guaranty Trust Company of New York, as trustee.

Cohen, Shapiro, Polisher, Shiekman & Cohen, by Harold Greenberg, Philadelphia, Pa., for New York, New Haven & Hartford Railroad Company First Mortgage 4% Bondholders Committee, Manufacturers Hanover Trust Company, trustee and Simpson, Thacher & Bartlett, by Albert X. Bader, Jr., New York City, for Manufacturers Hanover Trust Company, trustee and Migdahl, Low, Tenney & Glass, by Lester C. Migdahl, and Lawrence W. Pollack, New York City, for New York, New Haven & Hartford Railroad Company First Mortgage 4% Bondholders Committee.

Dewey, Ballantine, Bushby, Palmer & Wood, by Stuart N. Scott, New York City, for Chase Manhattan Bank, trustee.

William E. Nelson, Washington, D. C., for the Department of Justice.

Leonard S. Goodman, Washington, D. C., for the Interstate Commerce Commission.


OPINION

FULLAM, District Judge.

The Trustees have petitioned for determination of the issues raised by the proof of claim filed by the reorganization Trustee of the New York, New Haven and Hartford Railroad Company (hereinafter "New Haven Trustee"), and certain related applications by the Trustees for interim relief. The claim in question is an outgrowth of the litigation which culminated in the decision of the Supreme Court in the New Haven Inclusion Cases...

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