U.S. v. President Directors of the Manhattan

Full title: UNITED STATES of America, Complainant-Appellant, v. PRESIDENT AND…

Court: Circuit Court of Appeals, Second Circuit

Date published: May 20, 1935

77 F.2d 881 (2d Cir. 1935)

Opinion

No. 305.

May 20, 1935.

Appeal from the District Court of the United States for the Southern District of New York.

In Equity. Appeal from a decree of the District Court for the Southern District of New York dismissing the bill of complaint. Affirmed.

For opinion below, see 10 F. Supp. 269.

Martin Conboy, U.S. Atty., and Francis H. Horan and Edward J. Ennis, Asst. U.S. Attys., all of New York City.

Shearman Sterling, of New York City (Joseph M. Proskauer, Philip A. Carroll, Otey McClellan, and J. Alvin Van Bergh, all of New York City, of counsel), for National City Bank of New York.

Wendell P. Barker, of New York City (Wendell P. Barker, Robert J. Sykes, and William C. Morris, all of New York City, of counsel), for defendant president and directors of Manhattan Co.

Graham, McMahon, Buell Knox, of New York City (Edward Ward McMahon and William H. Hall, both of New York City, of counsel), amicus curiæ, pro se and in behalf of creditors of the Northern Insurance Co. of Moscow.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

PER CURIAM.

Affirmed on the authority of United States v. Bank of New York Trust Company (C.C.A.) 77 F.2d 866, handed down herewith.

MANTON, Circuit Judge, dissenting; see United States v. Bank of New York Trust Co. (C.C.A.) 77 F.2d 866.