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IN RE ERIE R. CO.

No. 45839.

76 F.Supp. 640 (1948)

In re ERIE R. CO.

District Court, N. D. Ohio, E. D.

March 17, 1948.

Attorney(s) appearing for the Case

Harold T. Clark, of Cleveland, Ohio, Autenrieth & Wortendyke, of Newark, N. J., and Humes, Smith & Andrews, of New York City, for petitioner.

M. C. Smith, Jr., of Cleveland, Ohio, for Erie R. Co.

WILKIN, District Judge.

This case was submitted upon the pleadings, stipulation of facts, and briefs. Considerations of comity and respect for the District Court of New Jersey and the Court of Appeals of the Third Circuit constrain this court to deny the prayer of the petition contained in Par. (a) and to grant the prayer of the petition contained in Par. (b).

In view of the acquirement of 95% of the stock and most of the outstanding bonds of Greenwood by...

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