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IN THE MATTER OF NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY

Nos. 399, 725, 726, Dockets 76-5025, 76-5033, 76-5037.

567 F.2d 166 (1977)

In the Matter of the NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Debtor. Lawrence W. IANNOTTI, Successor Indenture Trustee Under the New York, New Haven and Hartford Railroad Company's First and Refunding Mortgage Dated as of July 1, 1947; and Jacob D. Zeldes, Successor Indenture Trustee Under the New York, New Haven and Hartford Railroad Company's General Income Mortgage Dated as of July 1, 1947, Appellants, v. MANUFACTURERS HANOVER TRUST COMPANY, former Indenture Trustee Under the New York, New Haven and Hartford Railroad Company's First and Refunding Mortgage Dated as of July 1, 1947; and Richard Joyce Smith, Trustee of the Property of the New York, New Haven and Hartford Railroad Company, Debtor, Appellees.

United States Court of Appeals, Second Circuit.

Decided March 18, 1977.

Certiorari Denied October 3, 1977.

Attorney(s) appearing for the Case

Irving S. Schloss, New Haven, Conn. (Lawrence W. Iannotti, and Tyler, Cooper, Grant, Bowerman & Keefe, New Haven, Conn., on the brief), for appellant Iannotti.

Jacob D. Zeldes, Bridgeport, Conn. (Elaine S. Amendola, and Zeldes, Needle & Cooper, Bridgeport, Conn., on the brief), for appellant Zeldes.

Whitney North Seymour, New York City (Albert X. Bader, Jr., William K. Blomquist, Paul R. Gupta, and Simpson Thacher & Bartlett, New York City, on the brief), for appellee Manufacturers Hanover Trust Co.

James William Moore, New Haven, Conn., for appellee Richard Joyce Smith, Trustee of The New York, New Haven and Hartford Railroad Company, Debtor.

Before MOORE, OAKES and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

This is the case of the wise and comprehending chancellor.

The case comes to us on cross-appeals by two successor indenture trustees from so much of a judgment of June 30, 1976, entered upon an opinion and order of the same date in the United States District Court for the District of Connecticut (the New Haven reorganization court), Robert P. Anderson, Circuit Judge, sitting by designation...

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