GUARANTY TRUST CO. v. CHICAGO, M. & ST. P. RY. CO.

Nos. 4696, 4931, and 5065.

15 F.2d 434 (1926)

GUARANTY TRUST CO. OF NEW YORK et al. v. CHICAGO, M. & ST. P. RY. CO. et al., and three other cases.

District Court, N. D. Illinois, E. D.

September 28, 1926.


Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Gardiner & Reed, of New York City, and Tenney, Harding, Sherman & Rogers, of Chicago, Ill. (Edwin S. S. Sunderland, of New York City, and Horace Kent Tenney, of Chicago, Ill., of counsel), for Guaranty Trust Company of New York and Merrel P. Callaway, as trustees.

Stewart & Shearer, of New York City, and Wilson, McIlvaine, Hale & Templeton, of Chicago, Ill. (W. A. W. Stewart, of New York City, and William B. McIlvaine, of Chicago, Ill., of counsel), for United States Trust Company of New York and Edward W. Sheldon, as trustees.

George W. Miller, Carl S. Jefferson, and William L. Hunter, all of Chicago, Ill., for Chicago, Milwaukee & St. Paul Railway Co. and Chicago, Milwaukee & Puget Sound Railway Co.

H. H. Field, O. W. Dynes, and Winston, Strawn & Shaw, all of Chicago, Ill. (Ralph M. Shaw and J. Sidney Condit, both of Chicago, Ill., of counsel), as receivers of Chicago, Milwaukee & St. Paul Ry. Co.

Clay Judson and Victor Elting, both of Chicago, Ill., for Binkley Coal Company.

Geller, Rolston & Blanc, of New York City, and Burry, Johnstone & Peters, of Chicago, Ill. (Edward H. Blanc and Mansfield Ferry, both of New York City, and Bruce Johnstone, of Chicago, Ill., of counsel), for The Farmers' Loan & Trust Company, as Trustee.

Patterson, Eagle, Greenough & Day, of New York City, and Scott, Bancroft, Martin & MacLeish, of Chicago, Ill. (William Greenough, of New York City, and Frank H. Scott, of Chicago, Ill., of counsel), for United States Mortgage & Trust Co., as trustee.

Sullivan & Cromwell, of New York City, and Scott, Bancroft, Martin & MacLeish, of Chicago, Ill. (Philip L. Miller, of New York City, and Frank H. Scott, of Chicago, Ill., of counsel), for William Nelson Cromwell, as trustee.

White & Case, of New York City, Follansbee, Shorey & Schupp, of Chicago, Ill. (Roberts Walker and Jesse E. Waid, both of New York City, and Mitchell D. Follansbee, of Chicago, Ill., of counsel), for Bankers' Trust Co., as trustee.

Lessing Rosenthal, of Chicago, Ill., for stockholders' committee.

Nathan L. Miller, of New York City, and Weymouth Kirkland, of Chicago, Ill., for bondholders' committee.


The motion of Ernest Iselin and others to intervene was denied November 19, 1925, with the following opinion:

WILKERSON, District Judge.

In the consolidated cases against the Chicago, Milwaukee & St. Paul Railway Company there is pending a hearing on the application of Ernest Iselin and others for leave to intervene and become parties defendant. The applicants seek permission to act for and represent the stockholders of the railway company herein, and...

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