In re EASTERN FREIGHT WAYS, INC., Bankrupt,
Sidney B. GLUCK, Trustee in Bankruptcy of Eastern Freightways, Inc., Plaintiff,
v.
SEABOARD SURETY COMPANY, Manufacturers Hanover Trust Company, Individually and as agent for other institutional lenders, International Harvester Credit Corporation, Fruehauf Corporation and the Chase Manhattan Bank, National Association, and Thomas J. Cahill, Trustee in Bankruptcy of Associated Transport, Inc., Defendants.
United States District Court, S. D. New York.https://leagle.com/images/logo.png
October 31, 1977.
October 31, 1977.
Attorney(s) appearing for the Case
Booth, Lipton & Lipton, New York City, for Sidney B. Gluck, Trustee in Bankruptcy of Eastern Freight Ways, Inc., by Edgar H. Booth, Michael R. Kleinerman, New York City, of counsel.
Tell, Cheser, Breitbart & Lefkowitz, New York City, for Seaboard Surety Co., by Solomon M. Cheser, New York City, of counsel.
Wickes, Riddell, Bloomer, Jacobi & McGuire, New York City, for Seaboard Surety Co., by James W. Harbison, Jr., Thomas R. Stritter, New York City, of counsel.
Wachtell, Lipton, Rosen & Katz, New York City, for Manufacturers Hanover Trust Co., by Theodore Gewertz, Ronald M. Neumann, New York City, of counsel.
Krause, Hirsch & Gross, New York City, for International Harvester Credit Corp., by Lewis Kruger, Christina Burks, New York City, of counsel.
Conboy, Hewitt, O'Brien & Boardman, New York City, for Fruehauf, Inc., by David J. Mountan, Jr., New York City, of counsel.
Milbank, Tweed, Hadley & McCloy, New York City, for Chase Manhattan Bank, by Russell E. Brooks, New York City, of counsel.
Anderson, Russell, Kill & Olick, P. C., New York City, for Thomas J. Cahill, Trustee in Bankruptcy of Associated Transport, Inc., by Arthur S. Olick, Poppy B. Quattlebaum, New York City, of counsel.
United States District Court, S. D. New York.
PALMIERI, District Judge.
This is an appeal by Seaboard Surety Company from a decision of the Bankruptcy Court.
The facts of the case can be stated briefly. Eastern Freight Ways, Inc. ("Eastern") and Associated Transport, Inc. ("Associated") were licensed common carriers of freight under the regulatory authority of the Interstate Commerce Commission. In accordance with the Commission's regulations, Eastern and Associated were authorized to act as self-insurers...
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