IN RE MISSOURI PAC. R. CO.

No. 6935.

24 F.Supp. 729 (1938)

In re MISSOURI PAC. R. CO. THOMPSON v. TERMINAL SHARES, Inc., et al.

District Court, E. D. Missouri, E. D.

September 27, 1938.


Attorney(s) appearing for the Case

Jerome N. Frank, of New York City, and Ernest A. Green, of St. Louis, Mo., for plaintiff.

Samuel B. Jeffries, Arthur E. Simpson, and Paul F. Plummer, all of St. Louis, Mo., for defendant Benjamin F. Edwards.

Lon O. Hocker, of St. Louis, Mo., and William B. Cockley, of Cleveland, Ohio, for defendant O. P. Van Sweringen.

Lon O. Hocker, of St. Louis, Mo., and William B. Cockley, of Cleveland, Ohio, for defendant Terminal Shares, Inc.

Lon O. Hocker, of St. Louis, Mo., and William B. Cockley, of Cleveland, Ohio, for defendant Alleghany Corporation.

Jacob M. Lashly, of St. Louis, Mo., for defendants Leonard P. Ayres, Alva Bradley, John Sherwin, Jr., and George A. Tomlinson.

Godfrey Goldmark, of New York City, I. N. Watson, Elton L. Marshall, and Henry N. Ess, all of Kansas City, Mo., and Edwin J. Bean, of St. Louis, Mo., for defendant Guaranty Trust Co. of New York.


MOORE, District Judge.

The Plaintiff, as Trustee for Missouri Pacific Railroad Company, a corporation, filed his petition in what he termed "an ancillary dependent suit" in the Missouri Pacific bankruptcy proceedings pending in this court. This action was begun on July 9, 1936. The bill alleges the following facts as the basis for the action:

On December 31, 1930, Missouri Pacific made four contracts with Terminal Shares, Inc., a Delaware corporation. By the...

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