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IN RE NEW YORK, S. & W. R. CO.

30 F.Supp. 257 (1939)

In re NEW YORK, S. & W. R. CO.

District Court, D. New Jersey.

November 20, 1939.

Attorney(s) appearing for the Case

Ralph E. Lum, of Newark, N. J., for Trustee.

Hobart, Minard & Cooper, by Ralph E. Cooper, of Newark, N. J., for debtor.

Larkin, Rathbone & Perry, by Curtis Heath, of New York City, for Central Hanover Bank & Trust Co., Trustee under the Paterson Extension and Midland Mortgages.

J. Harlin O'Connell, of New York City, for group of bondholders, General Mortgage 5's, and New York Trust Co., substituted Trustee under mortgage.

Stewart & Shearer, by Langdon E. Morris, of New York City, for United States Trust Co. of N.Y., Trustee of the Terminal First Mortgage.

Harrison & Roche, by E. S. Sanford, of Newark, N. J., for the National State Bank, successor Trustee under the Second Mortgage.

Anderson, Williamson, Rugge & Coleman, by Raymond A. Coleman, of Jersey City, N. J., for Commercial Trust Co. of N. J., substituted Trustee under N. Y. S. & W. First and Refunding mortgage.

M. C. Smith, Jr., of Cleveland, Ohio, and H. A. Taylor, of New York City, for Trustees of Erie R. Co.

E. L. La Crosse, of New York City, for Edith Merritt, general mortgage bondholder.

CLARK, District Judge.

As appears, unusually elaborate findings of fact and conclusions of law have been filed in the case at bar. As does not appear, but as is the fact, these were put in final form after several sessions in open court. Therefore they should, we hope, be of more than ordinary assistance to an appellate court. Because of that hope, we confine ourselves to an opinion stating what seems to us the general principles that should govern.

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