NEW YORK TRUST CO. v. CONTINENTAL & COM. TRUST & SAV. BANK

Nos. 7802, 7855.

26 F.2d 872 (1928)

NEW YORK TRUST CO. et al. v. CONTINENTAL & COMMERCIAL TRUST & SAV. BANK et al. GIBSON et al. v. CONTINENTAL & COMMERCIAL TRUST & SAV. BANK et al.

Circuit Court of Appeals, Eighth Circuit.

June 1, 1928.


Attorney(s) appearing for the Case

Frank P. Sebree, of Kansas City, Mo. (Sam B. Strother, Sam B. Sebree, and William T. Campbell, all of Kansas City, Mo., on the brief), for appellants Gibson and others.

Blatchford Downing, of Kansas City, Mo. (Albridge C. Smith, of New York City, H. L. McCune and R. B. Caldwell, both of Kansas City, Mo., and Humes, Buck & Smith, of New York City, on the brief), for appellants New York Trust Co. and others.

Henry Russell Platt, of Chicago, Ill. (Richard J. Higgins, of Kansas City, Mo., on the brief), for appellees Continental & Commercial Trust & Savings Bank and Swinney.

Powell C. Groner, of Kansas City, Mo., for appellees Kansas City Public Service Co. and Groner.

Silas H. Strawn and Walter H. Jacobs, both of Chicago, Ill., for committee of first mortgage bondholders.

Gilbert E. Porter and Buell McKeever, both of Chicago, Ill., for committee of collateral noteholders.

Inghram D. Hook, of Kansas City, Mo. (James A. Reed, of Kansas City, Mo., on the brief), for tort claimants, amicus curiæ.

Before WALTER H. SANBORN and LEWIS, Circuit Judges, and PHILLIPS, District Judge.


PHILLIPS, District Judge.

These are appeals from an order confirming a mortgage foreclosure sale in the case of Kansas City Refining Company v. Kansas City Railways Company, a receivership suit.

The appellants in 7802 are trustees for the holders of second mortgage bonds of the Railways Company. The appellants in 7855 are certain holders of preferred participating certificates representing beneficial interests in the preferred stock of the Railways Company...

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