CENTRAL UNION TRUST CO. OF NEW YORK v. MISSOURI, K. & T. RY. CO.

Nos. 4482, 4564.

28 F.2d 176 (1923)

CENTRAL UNION TRUST CO. OF NEW YORK v. MISSOURI, K. & T. RY. CO. RAILWAY STEEL SPRING CO. v. SAME.

District Court, E. D. Missouri, E. D.

February 9, 1923.


Attorney(s) appearing for the Case

Geller, Rolston & Horan, of New York City, and Nagel & Kirby, of St. Louis, Mo. (Frederick Geller and Edw. H. Blanc, both of New York City, Allen C. Orrick, and Arthur B. Shepley, both of St. Louis, Mo., of counsel), for plaintiff.

Edward Cornell and Chas. E. Hotchkiss, both of New York City, and Edw. C. Eliot, of St. Louis, Mo., for Central Union Trust Co. of New York, trustee under the consolidated mortgage of M., K. & T. Ry. Co.

Edward Cornell and Chas. E. Hotchkiss, both of New York City, and Edw. C. Eliot, of St. Louis, Mo., for Central Union Trust Co. of N. Y., trustee under the trust agreement securing the two-year notes of M., K. & T. Ry. Co.

Geller, Rolston & Blanc, of New York City, and Nagel & Kirby, of St. Louis, Mo., for Farmers' Loan & Trust Co., trustee under the first and refunding mortgage of M., K. & T. Ry. Co.

Chas. W. Bates, of St. Louis, Mo., for New York Trust Co., trustee under general mortgage of M., K. & T. Ry. Co.

Boyle & Priest, of St. Louis, Mo., for B. F. Edwards, trustee under general mortgage of M., K. & T. Ry. Co.

White & Case, of New York City, and Bryan, Williams & Cave, of St. Louis, Mo., for Bankers' Trust Co., trustee under second mortgage.

Masten & Nichols, of New York City, and Lee W. Hagerman, of St. Louis, Mo., for Columbia Trust Co., trustee under first mortgage of M., K. & E. Ry. Co.

Chas. A. Houts, of St. Louis, Mo., for Central Union Trust Co. of N. Y., trustee under second mortgage of M., K. & E. Ry. Co.

Geller, Rolston & Blanc, of New York City, and Nagel & Kirby, of St. Louis, Mo., for Farmers' Loan & Trust Co., trustee under St. Louis Division refunding first mortgage of M., K. & T. Ry.

King, Lane & Trafford, of New York City, and Geo. C. Hitchcock, of St. Louis, Mo., for Central Union Trust Co. of N. Y., trustee under first extension mortgage.

Charles P. Williams, of St. Louis, Mo., for Farmers' Loan & Trust Co., trustee under S. W. Coal & Improvement Co. first mortgage.


WALTER H. SANBORN, Circuit Judge.

This court has said and written so much in the last six years concerning the relative rights and remedies of the stockholders and unsecured creditors of an insolvent railroad company, under a plan of reorganization of such company similar to that under consideration in this case, and concerning the fairness, justice, and timeliness of offers to unsecured creditors in the benefits of such reorganized corporations through stocks, bonds...

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