KANSAS CITY TERMINAL RY. CO. v. CENTRAL UNION TRUST CO.

No. 6457.

28 F.2d 177 (1928)

KANSAS CITY TERMINAL RY. CO. et al. v. CENTRAL UNION TRUST CO. OF NEW YORK et al.

Circuit Court of Appeals, Eighth Circuit.

July 7, 1928.


Attorney(s) appearing for the Case

Samuel W. Sawyer, of Kansas City, Mo. (Edward J. White, of St. Louis, Mo., N. H. Loomis, of Omaha, Neb., R. Bruce Scott and Gardiner Lathrop, both of Chicago, Ill., N. S. Brown, of St. Louis, Mo., W. F. Dickinson and H. H. Field, both of Chicago, Ill., and F. H. Moore, of Kansas City, Mo., on the brief), for appellants.

Joseph M. Bryson, of St. Louis, Mo., for appellee Missouri-Kansas-Texas R. Co., and Francis F. Randolph and Hugo W. Blumenthal, and Arthur H. VanBrunt, of New York City, for Randolph and Blumenthal (Albert Rathbone, of New York City, for Randolph and Blumenthal; Edward Cornell and Charles E. Hotchkiss, both of New York City, and Edward C. Eliot, of St. Louis, Mo., for Central Union Trust Co. of New York, trustee under consolidated mortgage and under trust agreement; Geller, Rolston & Blanc, of New York City, and Nagel & Kirby, of St. Louis, Mo., for Farmers' Loan & Trust Co., trustee under refunding mortgage and under St. Louis division mortgage; Hornblower, Miller & Garrison, of New York City, and Charles W. Bates, of St. Louis, Mo., for New York Trust Co., trustee under general mortgage; Boyle & Priest, of St. Louis, Mo., for Edwards, as trustee under general mortgage; White & Case, of New York City, and George H. Williams, 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. [now Irving Bank-Columbia Trust Co.], trustee under the first mortgage of M., K. & E. Ry.; Richards, Smyth & Conway, of Brooklyn, N. Y., and Charles A. Houts, of St. Louis, Mo., for Central Union Trust Co. of New York, trustee under second mortgage of Missouri, K. & E. Ry. Co.; King, Lane & Trafford, of New York City, and George C. Hitchcock, of St. Louis, Mo., for Central Union Trust Co. of New York, trustee under first extension mortgage; Charles P. Williams, of St. Louis, Mo., for Farmers' Loan & Trust Co., trustee under South Western Coal & Improvement Co. first mortgage; and Nicholas Kelley and H. C. McCollom, both of New York City, Allen C. Orrick, of St. Louis, Mo., and Roberts Walker, of New York City, of counsel, all on the brief), for appellees.

Before STONE and KENYON, Circuit Judges, and FARIS, District Judge.


STONE, Circuit Judge.

This is an appeal from an order and decree of the District Court made on February 9, 1923, holding that an offer to unsecured creditors in connection with a railroad foreclosure and reorganization was fair, just, equitable and timely, and made to and applicable to appellants; from an order and decree made on the same day confirming the foreclosure sale; and from an order and decree made on March 10, 1923, directing the execution and delivery...

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