In the Matter of The NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Debtor.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued January 3, 1972.
Decided March 17, 1972.
Attorney(s) appearing for the Case
Charles A. Horsky, Washington, D. C. (Brice M. Clagett, Covington & Burling, Washington, D. C., Edwin K. Taylor, John F. DePodesta, Philadelphia, Pa., on the brief), for appellants Penn Central Trustees.
Shaun S. Sullivan, Wiggin & Dana, New Haven, Conn., for appellant Penn Central Transp. Co.
Edward Roberts, III, New York City (Frank H. Heiss, Robert L. Crawford, Kelley, Drye, Warren, Clark, Carr & Ellis, New York City, on the brief), for appellant Manufacturers Hanover Trust Co., as Mortgage Trustee.
Joseph Auerbach, Boston, Mass. (Morris Raker and Nancy F. Gans, Sullivan & Worcester, Boston, Mass., James W. Moore and Joseph W. Bishop, Jr., New Haven, Conn., on the brief), for appellee Richard Joyce Smith, Trustee of New York, New Haven & Hartford R. Co.
Lawrence W. Iannotti, New Haven, Conn. (Tyler, Cooper, Grant, Bowerman & Keefe, New Haven, Conn, on the brief), for appellee Lawrence W. Iannotti, Successor Trustee under Debtor's First and Refunding Mortgage.
Lester C. Migdal, New York City (Lawrence W. Pollack, Migdal, Low, Tenney & Glass, New York City, on the brief), for appellee New York, New Haven & Hartford R. Co. First Mortgage 4% Bondholders Committee.
Stuart N. Scott, New York City (Joseph Schreiber, Dewey, Ballantine, Bushby, Palmer & Wood, New York City, on the brief), for appellee Chase Manhattan Bank (N.A.) as Trustee under Debtor's General Income Mortgage.
Before LUMBARD, HAYS and MANSFIELD, Circuit Judges.
United States Court of Appeals, Second Circuit.
HAYS, Circuit Judge:
This is an appeal from an order of the United States District Court for the District of Connecticut, 330 F.Supp. 131, declaring an equitable lien on certain property and imposing a constructive trust on income from certain other property transferred by the debtor New York, New Haven and Hartford Railroad (New Haven) to the Penn Central Transportation Company (Penn Central). We reverse on the ground that the...
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