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R. M. SMYTHE & CO. v. CHASE NATIONAL BANK OF CITY OF N. Y.

Nos. 332, 333, Docket 25517, 26729.

291 F.2d 721 (1961)

R. M. SMYTHE & CO., Inc., Plaintiff-Appellant, v. CHASE NATIONAL BANK OF CITY OF NEW YORK, as Trustee, etc., and others, Defendants-Appellees. PEOPLE OF THE STATE OF NEW YORK, Appellee-Appellant, v. Eugene H. NICKERSON and Abraham J. Gellinoff as Special Guardians, Appellees. Barbara R. MANDELBAUM and Federal Republic of Germany, Appellants, v. CHASE NATIONAL BANK OF CITY OF NEW YORK as Trustee, etc., Appellees.

United States Court of Appeals Second Circuit.

Decided June 20, 1961.

Attorney(s) appearing for the Case

Bernard Cowen, New York City (Robert M. Cowen, New York City, on the brief), for R. M. Smythe & Co., Inc., Barbara R. Mandelbaum, and Federal Republic of Germany, appellants.

Julius L. Sackman, Principal Attorney, State of New York, Albany, N. Y. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Paxton Blair, Sol. Gen., Albany, N. Y., on the brief), for People of the State of New York, appellee-appellant.

Robert A. Kennedy, of Milbank, Tweed, Hope & Hadley, New York City (William Eldred Jackson, of Milbank, Tweed, Hope & Hadley, New York City, on the brief), for Chase Manhattan Bank, defendant-appellee.

Eugene H. Nickerson, New York City, for Eugene H. Nickerson and Abraham J. Gellinoff as Special Guardians, appellees.

Before CLARK and WATERMAN, Circuit Judges, and ANDERSON, District Judge.

ANDERSON, District Judge.

This action, which was commenced on April 14, 1954, asks for a declaratory judgment to determine what should be done with a fund of $21,649.65, which is the unclaimed balance left over after seven separate distributions made between 1918 and 1925 by the Trustee for bondholders of the Western Pacific Railway Company under a trust agreement dated September 1, 1903, between the Railway and a predecessor of the present Trustee. The State of New...

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