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

Nos. 6868, 6869, 6870, 6871, 6802, 6803,

108 F.2d 410 (1939)

In re CHICAGO, R. I. & P. RY. CO. BEEBE et al. v. CHESTON et al. CHASE NAT. BANK OF CITY OF NEW YORK v. SAME.

Circuit Court of Appeals, Seventh Circuit.

December 12, 1939.


Attorney(s) appearing for the Case

In cases Nos. 6802, 6868, 6869:

Root, Clark, Buckner & Ballantine, of New York City (Elihu Root, Jr., and Wilkie Bushby, both of New York City, of counsel), for appellant Protective Committee for Chicago, R. I. & P. Ry. Co.'s First and Refunding Mortgage 4% Gold Bonds and Secured 4½% Gold Bonds, Series A.

Gilruth, Beck & McConnell, of Chicago, Ill., and Larkin, Rathbone & Perry, of New York City (Irwin T. Gilruth, of Chicago, Ill., and A. M. Lewis, of New York City, of counsel), for appellant Central Hanover Bank & Trust Co. and another.

Shearman & Sterling, of New York City, (Sanford H. E. Freund and John A. Hill, both of New York City, of counsel), for appellant National City Bank of New York.

Charles R. Lowther, of New York City, Florence De Haas Dembitz and Cassius M. Clay, both of Washington, D. C., George F. James and James A. Sprowl, both of Chicago, Ill., M. L. Bell, of New York City, Cyrus Adams, of Chicago, Ill., Jesse E. Waid, Clifton P. Williamson, Edward W. Bourne, and Clyde W. Sorrell, all of New York City, Frank H. Towner, of Chicago, Ill., Thomas Epstein, E. L. Williams, Samuel A. McCain, Wright, Gordon, Zachry & Parlin, Cook, Nathan, Lehman & Greenman, and Auchincloss, Alley & Duncan, all of New York City, Isham, Lincoln & Beale, of Chicago, Ill., Alexander & Green, of New York City, and Winston, Strawn & Shaw, of Chicago, Ill., for appellees.

In cases Nos. 6803, 6870, 6871:

Poppenhusen, Johnston, Thompson & Raymond, of Chicago, Ill., and Milbank, Tweed & Hope, of New York City, Anan Raymond, of Chicago, Ill., and Arthur A. Gammell, of New York City (Frederick W. Wood, of New York City, of counsel), for appellant.

Charles R. Lowther and Wilkie Bushby, both of New York City, Irwin T. Gilruth and Cyrus H. Adams, both of Chicago, Ill., M. L. Bell, of New York City, W. F. Peter, of Chicago, Ill., Edward L. Williams, of New York City, Cassius M. Clay and Florence De Haas Dembitz, both of Washington, D. C., James A. Sprowl and George F. James, both of Chicago, Ill., Jesse E. Waid, Clifton P. Williamson, and Edward W. Bourne, all of New York City, Frank H. Towner, of Chicago, Ill., Thomas Epstein, Samuel A. McCain, and Auchincloss, Alley & Duncan, all of New York City, and Isham, Lincoln & Beale, of Chicago, Ill., for appellees.

Before MAJOR, TREANOR, and KERNER, Circuit Judges.


TREANOR, Circuit Judge.

Each set of these appeals presents the same principal question and is predicated upon the same portion of an order of the District Court. The portion of the order appealed from confirmed the report of a special Master which recommended to the District Court the terms of a provision which was designed to complete an earnings and expense formula to be used to determine the separate earnings and expenses...

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