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RIEVMAN v. BURLINGTON NORTHERN R. CO.

No. 85 Civ. 3694 (RLC).

618 F.Supp. 592 (1985)

Alan C. RIEVMAN, Walter Pistner, Liv Anspach, Irwin E. Garfield, as Trustee for B.G. Enterprises, Inc., Defined Benefit Pension Plan and Trust Dated 12/1/76, Geseg, Inc., and J. Allan Mactier, Plaintiffs, v. BURLINGTON NORTHERN RAILROAD COMPANY, Bankers Trust Company, and Citibank, N.A., Defendants.

United States District Court, S.D. New York.

June 21, 1985.

Attorney(s) appearing for the Case

Lowey, Dannenberg & Knapp, P.C., New York City for plaintiffs; Stephen Lowey, Richard Bemporad, Jill Raskin, of counsel.

William Klein, II, Tenzer, Greenblatt, Fallon & Kaplan, New York City, to plaintiffs Liv Anspach and J. Allan Mactier.

Peter R. Stoll, Weinberg, Zipser, Arbiter & Heller, Los Angeles, Cal., to plaintiffs Irwin E. Garfield and Geseg, Inc.

Joseph A. Rosenthal, Morris & Rosenthal, P.A., Wilmington, Del., Cravath, Swaine & Moore, New York City, for defendant Burlington Northern R. Co.; Robert D. Joffe, David A. Barrett, Michael J. O'Brien, Roy E. Hoffinger, Alden L. Atkins, of counsel.

Shearman & Sterling, New York City, for defendant Citibank, N.A.; Charles C. Parlin, Jr., David J. Mark, James Bodovitz, of counsel.

White & Case, New York City, for defendant Bankers Trust Co.; Jeffrey Barist, Lawrence Fenster, Aldo A. Badini, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

This action concerns two series of bonds issued in 1896 by the Northern Pacific Railway Company ("Northern Pacific"). The first, 4 percent Prior Lien Railway and Land Grant Gold Bonds ("Prior Lien Bonds"), were issued pursuant to a mortgage dated November 10, 1896. The Prior Lien Bonds pay 4 percent annual interest and mature on January 1, 1997. They were issued in a face amount of $121.6 million, of which approximately...

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