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MATTER OF PENN CENTRAL TRANSPORTATION COMPANY

No. 74-2221.

520 F.2d 1336 (1975)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. Irving DOMNITCH and Harold Domnitch, Appellants, v. The BANK OF NEW JERSEY as Indenture Trustee under a mortgage of the New York Connecting Railroad Co., et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided July 16, 1975.

Attorney(s) appearing for the Case

Copal Mintz, New York City, for appellants.

Carl Helmetag, Jr., Matthew J. Siembieda, Philadelphia, Pa., for Penn Central Trustees.

Joseph J. Connolly, William H. Ewing, Philadelphia, Pa., for New York Connecting Railroad Co.

Edward I. Dobin, Victor P. Petrone, Curtin & Heefner, Morrisville, Pa., for the Bank of New Jersey, Indenture Trustee.

Before SEITZ, Chief Judge, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

New York Connecting Railroad Co. (Connecting) is a wholly-owned subsidiary of the debtor, (Penn Central). Transportation Co. (Penn Central). The Bank of New Jersey, the indenture trustee, holds a mortgage which is the first lien upon all of Connecting's property to secure an issue of outstanding and unpaid bonds.

In October 1965, Connecting, for the sum of $5,000, granted...

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