IN RE WESTERN PAC. R. CO.

No. 9714.

124 F.2d 136 (1941)

In re WESTERN PAC. R. CO. WESTERN PAC. R. CO. v. RECONSTRUCTION FINANCE CORPORATION et al., and four other cases.

Circuit Court of Appeals, Ninth Circuit.

On Petitions for Rehearing February 16, 1942.


Attorney(s) appearing for the Case

Frank C. Nicodemus, Jr., and Pierce & Greer, all of New York City, and C. W. Dooling, of San Francisco, Cal., for appellant Western Pac. R. Co.

M. C. Sloss and Sloss & Turner, all of San Francisco, Cal., for appellant Western Pac. R. Corporation.

Edward G. Buckland, of New Haven, Conn., and William J. Kane, of Baltimore, Md., for appellant Railroad Credit Corporation.

Pillsbury, Madison & Sutro, of San Francisco, Cal., Davies, Auerbach, Cornell & Hardy, of New York City (Felix T. Smith, of San Francisco, Cal., and Harold C. McCollom, Orrin G. Judd, and Herbert A. Heerwagen, all of New York City, of counsel), for appellant Irving Trust Co.

Garret W. McEnerney and Andrew F. Burke, both of San Francisco, Cal., Whitman, Ransom, Coulson & Goetz and Robert E. Coulson, all of New York City, and Horace E. Whiteside, of Ithaca, N. Y., for appellant A. C. James Co.

C. M. Clay, Asst. Gen. Counsel, and Emmet McCaffery, Counsel, both of Washington, D. C., and James S. Moore, Jr., of San Francisco, Cal. (Claude E. Hamilton, Jr., Gen. Counsel, of Washington, D. C., and Brobeck, Phleger & Harrison, of San Francisco, Cal., of counsel), for appellee Reconstruction Finance Corporation.

Cravath, deGersdorff, Swaine & Wood, of New York City, Morrison, Hohfeld, Foerster, Shuman & Clark, of San Francisco, Cal. (Robert T. Swaine, of New York City, and Herbert W. Clark, of San Francisco, Cal., of counsel), for appellee Institutional Bondholders Committee.

Chickering & Gregory, of San Francisco, Cal., and Milbank, Tweed & Hope, of New York City (Donald M. Gregory, of San Francisco, Cal., and Orville W. Wood and J. Cummings Haslam, both of New York City, of counsel), for appellees Crocker First Nat. Bank of San Francisco and Samuel Armstrong.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.


MATHEWS, Circuit Judge.

These appeals are from an order of the District Court1 which, in a proceeding by The Western Pacific Railroad Company, a railroad corporation (hereafter called the debtor), under § 77 of the Bankruptcy Act, 11 U.S.C.A. § 205, approved a plan of reorganization which had been approved and certified to the court by the Interstate Commerce Commission.2 The debtor has outstanding...

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