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IN RE PENN CENTRAL TRANSPORTATION COMPANY

Nos. 71-1582, 71-1734.

454 F.2d 210 (1972)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. Appeal of Richard Joyce SMITH, Trustee of the New York, New Haven & Hartford Railroad. Appeal of The NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY FIRST MORTGAGE 4% BOND-HOLDERS COMMITTEE.

United States Court of Appeals, Third Circuit.

Decided January 3, 1972.

Attorney(s) appearing for the Case

Spencer Ervin, Jr., Tate & Ervin, Philadelphia, Pa. (Sullivan & Worcester, Boston, Mass., Tate & Ervin, Philadelphia, Pa., James Wm. Moore, New Haven, Conn., Joseph Auerbach, Morris Raker, Boston, Mass., on the brief), for Richard Joyce Smith.

Harold Greenberg, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for New York, New Haven, etc., Bondholders Committee.

Brice M. Clagett, Covington & Burling, Washington, D.C., for appellee.

Before ALDISERT, GIBBONS and MAX ROSENN, Circuit Judges.

Submitted under Third Circuit Rule 12(6) October 22, 1971.

OPINION OF THE COURT

PER CURIAM:

These appeals originally required an interpretation of Order No. 296 of the District Court for the Eastern District of Pennsylvania, In The Matter of Penn Central Transportation Company, Debtor.1 Appellants contended initially that the order (1) precluded the New Haven Trustee from taking...

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