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WESTERN PAC. R. CORPORATION v. BALDWIN

No. 10669.

89 F.2d 269 (1937)

WESTERN PAC. R. CORPORATION v. BALDWIN et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 27, 1937.

Attorney(s) appearing for the Case

Frank C. Nicodemus, Jr., of New York City, for appellant.

Cassius M. Clay, Asst. Gen. Counsel, Reconstruction Finance Corporation, of Washington, D. C. (James B. Alley, Philip S. Jessup, and Florence A. de Haas, all of Washington, D. C., and Green, Henry & Remmers, of St. Louis, Mo., on the brief), for Reconstruction Finance Corporation, appellee.

Before GARDNER and SANBORN, Circuit Judges, and DONOHOE, District Judge.

SANBORN, Circuit Judge.

This is an appeal from a declaratory judgment entered by the court below in a suit ancillary to and dependent upon a proceeding in bankruptcy for reorganization of the Missouri Pacific Railroad Company. The suit was commenced under the Declaratory Judgment Act (Jud.Code § 274d, 28 U.S.C. § 400 [28 U.S.C.A. § 400]) by L. W. Baldwin and T. M. Schumacher, voting trustees, as plaintiffs, and the question presented was whether a certain...

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