In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor.
Appeal of MORGAN GUARANTY TRUST COMPANY OF NEW YORK, as trustee under the New York and Harlem Railroad Company Gold Bond and Second Mortgages, in Nos. 72-2116, 72-2117.
Appeal of MORGAN GUARANTY TRUST COMPANY OF NEW YORK, as Indenture Trustee under the New York Central and Hudson River Railroad Company Refunding and Improvement Mortgage dated October 1, 1913, in Nos. 72-2118, 72-2119.
Appeal of The FIDELITY BANK, as a stockholder in and on behalf of the New York and Harlem Railroad Company, in Nos. 72-2120, 72-2121, 72-2123.
Appeal of The FIDELITY BANK, on behalf of: (A) itself and all other stockholders of the New York and Harlem Railroad Company other than Penn Central Transportation Company; and (B) the New York and Harlem Railroad Company, in No. 72-2122.
Appeal of MANUFACTURERS HANOVER TRUST COMPANY, as Indenture Trustee under the New York Central and Hudson River Railroad Company Three and One-Half Percent Gold Bond Mortgage, dated June 1, 1897; Bankers Trust Company, as Indenture Trustee under the New York Central and Hudson River Railroad Company Consolidation Mortgage dated June 20, 1913; and Morgan Guaranty Trust Company of New York, as Indenture Trustee under the New York Central and Hudson River Railroad Company Lake Shore Collateral Indenture dated February 4, 1898, and the New York Central and Hudson River Railroad Company Michigan Central Collateral Indenture, dated April 13, 1898, in No. 72-2124.
Appeal of Richard Joyce SMITH, Trustee of the property of the New York, New Haven and Hartford Railroad Company, Debtor, in No. 72-2125.
Appeal of PENN CENTRAL COMPANY, in No. 72-2126.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued April 12 and April 13, 1973.
Decided June 14, 1973.
As Amended July 20, 1973.
Rehearing Denied July 23, 1973.
Certiorari Denied December 3, 1973.
Attorney(s) appearing for the Case
Douglas M. Galin, Davis, Polk & Wardwell, New York City, for appellant in Nos. 72-2116, 72-2117.
Frederic L. Ballard, Alan S. Fellheimer, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for appellant in Nos. 72-2118, 72-2119.
John H. Lewis, Jr., Morgan, Lewis & Bockius, Philadelphia, Pa., for appellant in Nos. 72-2120, 72-2123.
Edward Roberts, III, Kelley, Drye, Warren, Clark, Carr & Ellis, Donald M. Wilkinson, Jr., White & Case, New York City, for appellants in No. 72-2124.
Joseph Auerbach, Sullivan & Worcester, Boston, Mass., James W. Moore, New Haven, Conn., for appellant in No. 72-2125.
David Berger, Philadelphia, Pa., for appellant in No. 72-2126.
Marvin Comisky, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., Charles A. Horsky, Covington & Burling, Washington, D. C., for appellees, Trustees in all cases.
Before ADAMS, GIBBONS and WEIS, Circuit Judges.
United States Court of Appeals, Third Circuit.
Certiorari Denied December 3, 1973. See 94 S.Ct. 598.
OPINION OF THE COURT
ADAMS, Circuit Judge.
An order of the district court permitting the Trustees of the Penn Central Transportation Company (Trustees) to sell four New York office buildings, located in the area adjacent to Grand Central Terminal, is the basis of this appeal. The district court's decree1 was the most recent...
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