J. P. MORGAN & CO. v. MISSOURI PAC. R. CO.

Nos. 10568, 10607.

85 F.2d 351 (1936)

J. P. MORGAN & CO. v. MISSOURI PAC. R. CO. et al. (two cases).

Circuit Court of Appeals, Eighth Circuit.

August 7, 1936.


Attorney(s) appearing for the Case

Allen C. Orrick, of St. Louis, Mo. (Daniel N. Kirby and Nagel, Kirby, Orrick & Shepley, all of St. Louis, Mo., on the brief), for appellant.

Cassius M. Clay, of Washington, D. C. (James B. Alley and Florence A. de Haas, both of Washington, D. C., and Green, Henry & Remmers, of St. Louis, Mo., on the brief), for appellees.

Hugo Monnig, Jr., of St. Louis, Mo. (Cadwalader, Wickersham & Taft, of New York City, Taylor, Chasnoff & Willson, of St. Louis, Mo., W. Lloyd Kitchel, of New York City, Jacob Chasnoff, of St. Louis, Mo., and Eugene J. Conroy, of New York City, on a statement filed by Protective Committee), for Protective Committee.

D. Willard, Jr., General Counsel for the Railroad Credit Corporation, of Washington, D. C., amicus curiæ.

Before WOODROUGH and THOMAS, Circuit Judges, and DEWEY, District Judge.


WOODROUGH, Circuit Judge.

These appeals have been taken by J. P. Morgan & Co., to reverse an order in bankruptcy making classification of certain claims in the matter of Missouri Pacific Railroad Company, debtor, in proceedings under section 77 as amended, Bankr.Act (11 U.S.C.A. § 205) for the reorganization of railroads. The appellant, J. P. Morgan & Co., holds short-time promissory notes of the debtor in the aggregate amount of $5,850,000, secured by...

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