American Brake Shoe & Foundry Co. v. Interborough Rapid Transit Co.

MACK, Circuit Judge.

Consequent upon the Interborough receiver’s application 52 for permission to dis-affirm the Manhattan lease, two important issues have been raised in these proceedings: First, applications have been made by the city and separately by^ the transit commission as the city’s agent, for leave to sue the Interborough, its receiver, and others in the state court for a declaratory judgment that the cessation of operation of through trains over elevated and subway routes, such cessation being the threatened' result of disaffirmance, would be a breach of Interborough’s obligations…