GUARANTY TRUST CO. v. MINNEAPOLIS & ST. L. R. CO.

No. 8601.

98 F.2d 345 (1938)

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

Circuit Court of Appeals, Eighth Circuit.

August 19, 1938.


Attorney(s) appearing for the Case

Jesse E. Waid, of New York City (White & Case, of New York City, and Kingman, Cross, Morley, Cant & Taylor and Kenneth Taylor, all of Minneapolis, Minn., on the brief), for appellant New York Trust Co., as trustee.

M. L. Countryman, Jr., of St. Paul, Minn. (L. B. DaPonte, of St. Paul, Minn., on the brief), for Northern Pac. Ry. Co.

James C. Otis, of St. Paul, Minn. (Otis, Faricy & Burger, of St. Paul, Minn., Mitchell, Taylor, Capron & Marsh and Edward E. Watts, Jr., and James S. Wilson, Jr., all of New York City, on the brief), for City Bank Farmers Trust Co., as trustee.

Henry C. Carlson, of Minneapolis, Minn., for H. H. Sheriff, intervener, et al.

Francis D. Butler, of St. Paul, Minn., for Bankers Trust Co., as trustee.

George W. Morgan, of St. Paul, Minn., for Guaranty Trust Co., of New York, as trustee.

C. W. Wright, of St. Paul, Minn., for co-receivers of Minneapolis & St. L. R. Co.

F. G. Ingersoll, of St. Paul, Minn., for Central Hanover Bank & Trust Co., as trustee.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.


SANBORN, Circuit Judge.

The New York Trust Company (as trustee of the first consolidated mortgage of The Minneapolis & St. Louis Railroad Company), an appellant in this cause, has petitioned this Court for leave to apply to the court below for a modification of the final decree of foreclosure and sale entered in the receivership of The Minneapolis & St. Louis Railroad Company on January 8, 1929, which decree was modified and affirmed by this Court December...

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