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GLINES v. HENWOOD

Nos. 11303, 11345.

103 F.2d 226 (1939)

GLINES et al. v. HENWOOD et al. (two cases). In re ST. LOUIS SOUTHWESTERN RY. CO.

Circuit Court of Appeals, Eighth Circuit.

April 7, 1939.

Attorney(s) appearing for the Case

Malcolm Fooshee, of New York City (Guy A. Thompson, of St. Louis, Mo., Edwin S. S. Sunderland, of New York City, and John M. Holmes, of St. Louis, Mo., on the brief), for appellant Guaranty Trust Co. of New York.

James Piper, of Baltimore, Md. (Henry S. Caulfield, of St. Louis, Mo., and Francis J. Carey, of Baltimore, Md., on the brief), for appellant Protective Committee.

A. H. Kiskaddon and Carleton S. Hadley, both of St. Louis, Mo., for appellee, Berryman Henwood, trustee.

W. R. Gilbert, of St. Louis, Mo. (A. M. Lewis and Hovey C. Clark, both of New York City, Roscoe Anderson, of St. Louis, Mo., Larkin Rathbone & Perry, of New York City, and Anderson, Gilbert, Wolfort, Allen & Bierman, of St. Louis, Mo., on the brief), for appellees Prudential Ins. Co. of America et al.

Edward W. Bourne, of New York City (Thomas W. White and G. Carroll Stribling, both of St. Louis, Mo., and Andrew Oliver, of New York City, on the brief), for appellee Bankers Trust Co., trustee.

Before STONE, GARDNER, and THOMAS, Circuit Judges.

STONE, Circuit Judge.

On December 12, 1935, the St. Louis Southwestern Railway Company, a Missouri corporation, filed a petition for reorganization under Section 77 of the Bankruptcy Act, as amended, 11 U.S.C.A. § 205. On the same date a similar petition was filed and a similar order entered including the St. Louis Southwestern Railway Company of Texas, as a subsidiary debtor, in the same debtor proceeding. On April 21, 1936, the court made an order directing...

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