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CITIBANK, N.A. v. FULLAM

No. 77-2604.

580 F.2d 82 (1978)

CITIBANK, N.A., as Indenture Trustee of the Lehigh Harbor Terminal Railway Company Mortgage Indenture, dated February 1, 1924, as Supplemented, Petitioner, v. John P. FULLAM, United States District Judge, Eastern District of Pennsylvania, and Robert C. Haldeman, Trustee of the Lehigh Valley Railroad Company, Debtor, Respondents.

United States Court of Appeals, Third Circuit.

Decided June 28, 1978.

Attorney(s) appearing for the Case

John E. Hoffman, Jr., Andrew S. O'Connor, Shearman & Sterling, New York City, for Citibank, N.A., as Indenture Trustee.

William R. Traub, Jared I. Roberts, Duane, Morris & Heckscher, Philadelphia, Pa., for Robert C. Haldeman, Trustee of the Lehigh Valley Railroad Co.

Before GIBBONS, MARIS and ROSENN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

The petitioner, Citibank, N.A., seeks issuance of a writ of mandamus or prohibition to compel United States District Judge John P. Fullam of the Eastern District of Pennsylvania to comply with this court's earlier order in In re Lehigh Valley R.R., 558 F.2d 137 (3d Cir. 1977). In that case, we directed the district court not to use rent from secured property to finance...

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