HARDING v. STICHMAN

No. 253, Docket 24453.

240 F.2d 289 (1957)

William J. HARDING, Jr., Irving I. Schnur, and Shirley Reiter, Appellants, v. Herman T. STICHMAN, Trustee of the Debtor, et al., Appellees. In the Matter of HUDSON & MANHATTAN RAILROAD COMPANY, Debtor. In Proceedings for the Reorganization of a Corporation Pursuant to Chapter X of the Bankruptcy Act.

United States Court of Appeals Second Circuit.

Decided January 14, 1957.


Attorney(s) appearing for the Case

House, Grossman, Vorhaus & Hemley, New York City (Edward M. Garlock, New York City, of counsel on the brief), for appellants.

McGoldrick, Dannett, Horowitz & Golub, New York City (William W. Golub, Jerome Talbert, New York City, Herbert D. Schwartzman, New York City, of counsel on the brief), for trustee of debtor.

Thomas G. Meeker, Gen. Counsel, David Ferber, Asst. Gen. Counsel, Washington, D. C., and Richard V. Bandler, Atty., New York City, for Securities and Exchange Commission.

Kelley, Drye, Newhall & Maginnes, New York City (Frank H. Heiss, New York City of counsel on the brief), for Hanover Bank, trustee under first lien and refunding mortgage.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City (Thomas O'G. Fitzgibbon, New York City, of counsel on the brief), for Guaranty Trust Co. of New York, indenture trustee under first mortgage.

Morton E. Yohalem, Washington, D. C., for protective committee for holders of first lien and refunding bonds.

Cravath, Swaine & Moore, New York City (Frederick E. Beebe, New York City, of counsel on the brief), for Chemical Corn Exchange Bank, indenture trustee under adjustment income mortgage.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.


PER CURIAM.

Appellants, senior bondholders in the Hudson & Manhattan Railroad Company, which is now undergoing a Chapter X reorganization, appeal from Order No. 136, dated November 26, 1956. This order permits and directs the reorganization trustee to purchase 20 new railroad cars for the "joint service" run operated by the Hudson & Manhattan in conjunction with the Pennsylvania Railroad Co. between Newark, N. J. and New York City, to cost $1,675,272. under...

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