Opinion
No. 241.
May 7, 1943.
Appeal by the plaintiff from an order of the District Court for the Southern District of New York, denying a motion to enjoin the defendant, The Delaware, Lackawanna and Western Railroad Company, from making payments to shareholders of the Utica, Chenango Susquehanna Valley Railway Company.
Reversing 48 F. Supp. 903.
Frank J. Dufficy, of New York City, for appellant.
J. Theodore Cross, of Utica, N.Y., for appellees.
Before L. HAND, SWAN, and FRANK, Circuit Judges.
This case is a companion to United States v. Morris Essex Railroad Company, 135 F.2d 711, decided this day by us. For the reasons stated in our opinion in that case, this order must be reversed, and an injunction entered, pendente lite.
Order reversed; injunction to enter.