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IN RE AKRON, CANTON & YOUNGSTOWN RY. CO.

No. 8524.

117 F.2d 961 (1941)

In re AKRON, CANTON & YOUNGSTOWN RY. CO. RAILWAY CREDIT CORPORATION v. HAGENBUCH et al.

Circuit Court of Appeals, Sixth Circuit.

February 13, 1941.

Attorney(s) appearing for the Case

W. H. Bemis, of Cleveland, Ohio (D. Willard, Jr., of Baltimore, Md., E. G. Buckland, of New Haven, Conn., and Baker, Hostetler & Patterson, of Cleveland, Ohio, on the brief), for appellant.

Andrew P. Martin, of Cleveland, Ohio (Squire, Sanders & Dempsey, of Cleveland, Ohio, on the brief), for trustees-appellees.

George C. Sharp, of New York City (Sullivan & Cromwell, of New York City, on the brief), for appellee Bondholders' Committee of Akron, C. & Y. Ry. Co.

Shelton Pitney, of Newark, N. J. (Pitney, Hardin & Skinner, of Newark, N. J., on the brief), for appellees Bondholders' Committee for Northern O. Ry. Co.

Before HICKS, SIMONS, and ARANT, Circuit Judges.

HICKS, Circuit Judge.

Pursuant to Section 77 of the Bankruptcy Act, 11 U.S.C.A. Section 205, sub. s of which makes it applicable to actions commenced under an earlier Act, the Interstate Commerce Commission on August 12, 1938, reported a plan of reorganization for the Akron, Canton & Youngstown Railway Company, debtor (herein called Akron), and the Northern Ohio Railway Company, intervening debtor (herein called Northern); and issued an order approving the plan...

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