IN RE CHICAGO, R. I. & P. RY. CO.

Nos. 5115 & 5159, 5116 & 5160, 5117 & 5161, 5118 & 5162, 5119 & 5163, 5120 & 5164.

72 F.2d 443 (1934)

In re CHICAGO, R. I. & P. RY. CO. CONTINENTAL ILLINOIS NAT. BANK & TRUST CO. v. CHICAGO, R. I. & P. RY. CO., and five other cases.

Circuit Court of Appeals, Seventh Circuit.

July 23, 1934.


Attorney(s) appearing for the Case

John L. Hopkins, Charles O. Parker, and James A. Sprowl, all of Chicago, Ill. (Stanley F. Reed, of Washington, D. C., A. A. Berle, Jr., of New York City, and C. M. Clay, of Washington, D. C., of counsel), for Reconstruction Finance Corporation.

Isaac H. Mayer, Carl Meyer, David F. Rosenthal, and Herbert A. Friedlich, all of Chicago, Ill., for Continental Illinois Nat. Bank & Trust Co. of Chicago.

Paul D. Miller, Eldon Bisbee, Henry Root Stern, and B. F. Shipman, all of New York City, for Chase Nat. Bank of City of New York.

T. M. Pierce, S. Mayner Wallace, and Milton R. Stahl, all of St. Louis, Mo., for Mississippi Valley Trust Co.

Perry M. Chadwick, of Chicago, Ill., for Harris Trust & Savings Bank.

Edwin W. Sims and James P. Carey, Jr., both of Chicago, Ill., for New York Trust Co.

Marcus L. Bell, W. F. Dickinson, and W. F. Peter, all of Chicago, Ill., for debtor and Frank O. Lowden, James E. Gorman, and Joseph B. Fleming, trustees in bankruptcy.

Elihu Root, Jr., and Wilkie Bushby, both of New York City, for Committee for Debtor's First and Refunding 4% and Secured 4½% Bonds.

William Lloyd Kitchel, of New York City, for Committee for Debtor's 30-year 4½% Bonds.

James H. McIntosh and Edward W. Bourne, both of New York City, for Committee for Debtor's General Mortgage 4% Bonds.

Edward C. Bailly and Robert C. Hardy, both of New York City, for Committee for Consolidated First Mortgage 5% Bonds of Burlington, C. R. & N. Bonds.

A. N. Heuston, of New York City, for Committee for St. Paul & Kansas City Short Line Bonds.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


EVANS, Circuit Judge.

These appeals (allowed both by the District Court and this court) are from an order of the District Court enjoining appellants from selling collateral which appellee, C. R. I. & P. Ry. Co., had pledged as security for loans made to it by appellants. All controverted issues concern the validity and propriety of the order restraining the sale of the pledged collateral and are directed to:

First, the District Court's jurisdiction as...

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