GUARANTY TRUST CO. OF NEW YORK v. MINNEAPOLIS & ST. L. R. CO.

Nos. 9147-9149.

52 F.2d 418 (1931)

GUARANTY TRUST CO. OF NEW YORK et al. v. MINNEAPOLIS & ST. L R. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

August 17, 1931.


Attorney(s) appearing for the Case

Warren S. Carter, of St. Paul, Minn. (Davis, Polk, Wardwell, Gardiner & Reed, of New York City, Kellogg, Morgan, Chase, Carter & Headley, of St. Paul, Minn., and Edwin S. S. Sunderland and Thomas O'G. FitzGibbon, both of New York City, on the brief), for Guaranty Trust Co. of New York, trustee.

Frederick G. Ingersoll, of St. Paul, Minn. (Larkin, Rathbone & Perry, Henry V. Poor, and James L. Banks, Jr., all of New York City, on the brief), for Central Hanover Bank & Trust Co., trustee.

Frederick F. Greenman, of New York City (Cook, Nathan & Lehman, of New York City, O'Brien, Horn & Stringer, of St. Paul, Minn., Alfred A. Cook, of New York City, Thomas D. O'Brien and Edward S. Stringer, both of St. Paul, Minn., and Arthur Kramer, of New York City, on the brief), for Bache Committee.

William Lloyd Kitchel, of New York City (Cadwalader, Wickersham & Taft, of New York City, Sanborn, Graves & Andre, of St. Paul, Minn., Eugene J. Conroy, of New York City, and William G. Graves and J. Neil Morton, both of St. Paul, Minn., on the brief), for Perkins Committee.

John Junell, of Minneapolis, Minn. (Junell, Oakley, Driscoll & Fletcher, of Minneapolis, Minn., and Cyril J. Curran, of New York City, on the brief), for Hawley Committee.

Wendell Berge, Sp. Asst. to Atty. Gen. (Lewis L. Drill, U. S. Atty., of St. Paul, Minn., John Lord O'Brian, Asst. to Atty. Gen., and Elmer B. Collins, Sp. Asst. to Atty. Gen., on the brief), for the United States.

White & Case, of New York City, Kingman, Cross, Morley & Cant, of Minneapolis, Minn., Jesse E. Waid, of New York City, Kenneth Taylor, of Minneapolis, Minn., and Carlos L. Israels, of New York City, for appellees New York Trust Co. and the Bennett Committee.

Before STONE and GARDNER, Circuit Judges and YOUMANS, District Judge.


GARDNER, Circuit Judge.

There are here three appeals consolidated for the purpose of presentation in this court and presented on one record. They all grow out of and are bottomed on the opinion and mandate of this court on a former appeal, which involved questions of construction and priorities of various mortgages on the railroad property of the Minneapolis & St. Louis Railroad Company. Guaranty Trust Company of New York, as Trustee, etc., v. Minneapolis &...

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