THOMPSON v. TERMINAL SHARES

Nos. 11380, 11381.

104 F.2d 1 (1939)

THOMPSON v. TERMINAL SHARES, Inc., et al. (two cases).

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 12, 1939.


Attorney(s) appearing for the Case

R. B. Caldwell, of Kansas City, Mo., and J. Porter Henry, of St. Louis, Mo. (John W. Oliver, of Kansas City, Mo., on the brief), for appellant.

Godfrey Goldmark, of New York City (Elton L. Marshall and Henry N. Ess, both of Kansas City, Mo., and Max Freund, of New York City, on the brief), for appellee Guaranty Trust Co. of New York, as Trustee, and John R. Douglass, Ogden B. Talbot, Ralph Miller and James V. O'Reilly, partners, doing business as Douglass & Co.

David W. Peck, of New York City, and Elton L. Marshall and Henry N. Ess, both of Kansas City, Mo., for appellee Marine Midland Trust Co. of New York, as trustee.

William B. Cockley, of Cleveland, Ohio, Lon O. Hocker, of St. Louis, Mo., and Arthur L. Dougan, of Cleveland, Ohio, for appellees Terminal Shares, Inc., Alleghany Corporation, and John P. Murphy, Henry A. Marting and John J. Murray, as trustees, etc.

James S. Simrall, of Kansas City, Mo., and Richard L. Douglas, of St. Joseph, Mo., for appellees North Kansas City Bridge & R. Co., North Kansas City Development Co., Parkside Land Co., Guinotte Land Co., Kansas City Ferry Co., North Kansas City Land & Improvement Ass'n, Union Terminal Ry. Co., and St. Joseph Belt Ry. Co.

Before SANBORN, THOMAS, and VAN VALKENBURGH, Circuit Judges.


SANBORN, Circuit Judge.

This is an ancillary and dependent suit brought by the appellant in the United States District Court for the Eastern District of Missouri, in the Matter of Missouri Pacific Railroad Company, Debtor, a proceeding for the reorganization of a railroad under Section 77 of the Bankruptcy Act.1 From orders vacating the service of process upon the defendants and setting aside the order authorizing such service, these appeals...

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