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DELAWARE & H. R. CORPORATION v. DANCEY

51 F.Supp. 763 (1943)

DELAWARE & H. R. CORPORATION et al. v. DANCEY et al.

District Court, S. D. New York.

August 4, 1943.

Attorney(s) appearing for the Case

Wright, Gordon, Zachry, Parlin & Cahill and Thomas L. Ennis, all of New York City (John T. Cahill, Wallace P. Zachry, Don B. Stookey, and Howard C. Wood, all of New York City, of counsel), for petitioners.

Lawrence R. Condon, of New York City, for respondents.

Before L. HAND, Circuit Judge, and KNOX, and HULBERT, District Judges.

L. HAND, Circuit Judge.

This case comes up before a District Court of three judges, convened under § 713 of Chapter XV of the Bankruptcy Act, 11 U.S.C.A. § 1213, in two consolidated proceedings brought by the petitioners for the "adjustment" of an outstanding issue of $47,769,000 of first mortgage bonds. The mortgagor was the petitioner, Delaware and Hudson Company, which executed the mortgage on March 1, 1908; the bonds were due on May 1, 1943; bore interest...

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