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AMERICAN BRAKE SHOE & FOUNDRY CO. v. INTERBOROUGH RAPID TRANSIT CO.

11 F.Supp. 26 (1935)

AMERICAN BRAKE SHOE & FOUNDRY CO. v. INTERBOROUGH RAPID TRANSIT CO.

District Court, S. D. New York.

June 4, 1935.

Attorney(s) appearing for the Case

Miller, Boston & Owen, of New York City (Carl M. Owen and Mark F. Hughes, both of New York City, of counsel), for receiver.

John J. Curtin, of New York City (John J. Curtin and Winfield S. Palmer, both of New York City, of counsel), Sp. Counsel for Transit Commission.

MACK, Circuit Judge.

This application prays for a permanent injunction against the city of New York, acting by the Transit Commission, restraining the further prosecution of an action heretofore commenced in the New York Supreme Court against the Interborough Company and its receiver for a declaratory judgment to determine the obligations of the company under contract 3 and related certificates. The briefs submitted on behalf of the Transit Commission are for the...

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