MATTER OF NEW YORK, N. H. & H. R. CO.

No. 1382, Docket 80-5020.

632 F.2d 955 (1980)

In the Matter of the NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Debtor. Thomas B. BARRY, Objector-Appellant, v. Richard Joyce SMITH, Trustee, First Mortgage Bondholders Committee, Lawrence W. Iannotti, Successor Trustee under the New York, New Haven and Hartford Railroad Co., First and Refunding Mortgage, Jacob D. Zeldes, Successor, Trustee under the New York, New Haven & Hartford Railroad Co., General Income Mortgage, dated July 1, 1947, and American Financial Corporation, Appellees.

United States Court of Appeals, Second Circuit.

Decided July 30, 1980.


Attorney(s) appearing for the Case

Richard M. Meyer, New York City (Milberg, Weiss, Bershad & Specthrie, Melvyn I. Weiss, Jerome M. Congress, New York City, of counsel), for objector-appellant.

Joseph Auerbach, Boston, Mass. (James Wm. Moore, New Haven, Conn., Sullivan & Worcester, Boston, Mass., Morris Raker, Boston, Mass., of counsel), for appellee Richard Joyce Smith.

Lester C. Migdal, New York City (Migdal, Tenney, Glass & Pollack, Lawrence W. Pollack, New York City, of counsel), for appellee First Mortgage Bondholders Committee.

Lawrence W. Iannotti, New Haven, Conn. (Tyler, Cooper, Grant, Bowerman & Keefe, Irving S. Schloss, New Haven, Conn., of counsel), for appellee Lawrence W. Iannotti.

Elaine S. Amendola, Bridgeport, Conn. (Zeldes, Needle & Cooper, P. C., Jacob D. Zeldes, Bridgeport, Conn., of counsel), for appellee Jacob D. Zeldes.

Peter M. Fishbein, New York City (Kaye, Scholer, Fierman, Hays & Handler, John A. Friedman, Stuart I. Friedman, New York City, of counsel), for appellee American Financial Corp.

Before MULLIGAN and VAN GRAAFEILAND, Circuit Judges and MISHLER, District Judge.


MULLIGAN, Circuit Judge:

This is an appeal from an order entered by District Judge Robert C. Zampano of the District Court of Connecticut on April 10, 1980, approving a consensual plan of reorganization ("Compromise Plan") for the New York, New Haven and Hartford R.R. ("New Haven" or "Debtor"). Since we find that the Compromise Plan provides for a fair and equitable distribution of the New Haven's assets we affirm its approval...

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