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

Nos. 6000-6004, 6087-6091.

90 F.2d 795 (1937)

In re CHICAGO, R. I. & P. RY. CO. (ten cases).

Circuit Court of Appeals, Seventh Circuit.

June 18, 1937.


Attorney(s) appearing for the Case

Wright, Gordon, Zachry & Parlin (Cotton, Franklin, Wright & Gordon), of New York City (Edward L. Williams and Samuel A. McCain, both of New York City, of counsel), for appellants Traphagen and others.

Edward K. Hanlon, of New York City (Milton Weiss and Daniel F. Harrington, both of New York City, of counsel), for appellants Blaine and others.

Auchincloss & Duncan, of New York City (J. Donald Duncan and Charles R. Lowther, both of New York City, of counsel), for appellants Griffin and others.

Cyrus H. Adams, of Chicago, Ill., Thomas Epstein and Sullivan & Cromwell, all of New York City, and Ross & Watts, of Chicago, Ill., (Clarence H. Ross, of Chicago, Ill., and Emmet McCaffery and John C. Bruton, Jr., both of New York City, of counsel), for appellant Marine Midland Trust Co. of New York, trustee.

Otis F. Glenn, M. L. Bell, W. F. Dickinson, and W. F. Peter, all of Chicago, Ill., Clifton P. Williams, and Wilkie Bushby, of New York City, for appellees.

Alexander & Green, of New York City, and Winston, Strawn and Shaw, of Chicago, Ill., for appellee Protective Committee for General Mortgage 4% Gold Bonds of Chicago, R. I. & P. Ry. Co.

Root, Clark, Buckner & Ballantine, of New York City, for appellee, Protective Committee for First and Refunding Mortgage 4% Gold Bonds and Secured 4½% Gold Bonds of Chicago, R. I. & P. Ry. Co.

Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


EVANS, Circuit Judge.

The ten appeals which are presented for our determination involve the same order. Five appeals were allowed by the District Court and five appeals were allowed by this court. The ruling attacked was an administrative order made by the trial court in proceedings under section 77, Bankr.Act, 11 U.S.C.A. § 205 note, in the course of the debtor's operation by the trustees. It bears date of July 22, 1936, and protects the debtor whose creation...

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