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

Nos. 6825, 6846, No. 6847.

110 F.2d 395 (1940)

In re CHICAGO, R. I. & P. RY. CO. BLAINE et al. v. CHESTON et al.

Circuit Court of Appeals, Seventh Circuit.

February 16, 1940.


Attorney(s) appearing for the Case

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

Edward K. Hanlon, of New York City, and Tracy W. Buckingham, of Chicago, Ill., for appellants James G. Blaine, Vincent Cullen, and James R. Trowbridge, as Bondholders' Protective Committee for First Mortgage 4½% Gold Bonds of Rock Island, A. & L. R. Co.

M. L. Bell, of New York City, and W. F. Peter and Otis F. Glenn, both of Chicago, Ill., for appellees Frank O. Lowden, James E. Gorman, and Joseph B. Fleming, trustees.

Alexander & Green, of New York City, and Winston, Strawn & Shaw, of Chicago, Ill. (Edward W. Bourne and Clyde W. Sorrell, both of New York City, of counsel), for appellee Protective Committee for Chicago, R. I. & P. Ry. Co. General Mortgage Bonds.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.


SPARKS, Circuit Judge.

This controversy arose in proceedings for the reorganization of the principal debtor under section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205. The appellants constitute the Protective Committee for the holders of 14% of the Rock Island, Arkansas & Louisiana Railroad Company (hereafter referred to as Rial) First Mortgage 4½% Gold Bonds, due March 1, 1934. The appellants had filed a petition for general relief, which was referred...

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