RECONSTRUCTION FINANCE CORPORATION
v.
MISSOURI-KANSAS-TEXAS R. CO. et al. MISSOURI-KANSAS-TEXAS R. CO.
v.
RECONSTRUCTION FINANCE CORPORATION et al. KANSAS CITY SOUTHERN RY. CO.
v.
RECONSTRUCTION FINANCE CORPORATION et al. EUBANKS
v.
SAME.
Circuit Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
July 21, 1941.
July 21, 1941.
Attorney(s) appearing for the Case
Frederick E. Baukhages, III, Counsel, Reconstruction Finance Corporation of Washington, D. C. (Claude E. Hamilton, Jr., General Counsel, Cassius M. Clay, Asst. Gen. Counsel, and Mrs. Florence de Haas Dembitz, all of Washington, D. C., and G. C. Hardin, of Fort Smith, Ark., on the brief), for Reconstruction Finance Corporation.
M. D. Green, of Oklahoma City, Okl. (C. S. Burg, of St. Louis, Mo., and John E. M. Taylor and Lloyd W. Jones, both of Oklahoma City, Okl., on the brief), for Missouri-Kansas-Texas R. Co.
James B. McDonough, Jr., of Kansas City, Mo. (F. H. Moore and Wm. E. Davis, both of Kansas City, Mo., and Joseph R. Brown, of Fort Smith, Ark., on the brief), for Kansas City Southern Ry. Co.
Fred Hansen, Asst. Atty. Gen., of Oklahoma, and Mac Q. Williamson, Atty. Gen. of Oklahoma (Clyde Followell, of Poteau, Okl., Hugh J. Adams, of Guthrie, Okl., Guy A. Curry, of Stigler, Okl., Paul Gotcher, of McAlester, Okl., F. A. Greene, of Eufaula, Okl., Harvey Powell, of Holdenville, Okl., Roy Parham, of Okemah, Okl., and Frank McVey, of Chandler, Okl., Co. Attys., on the brief), for the State of Oklahoma and its political subdivisions.
Clinton R. Barry, U. S. Atty., and Duke Frederick, John E. Harris, and Thomas C. Pitts, Asst. U. S. Attys., all of Fort Smith, Ark., for the United States.
Wm. J. B. Myres and F. P. Sizer, both of Monett, Mo., for Roy Eubanks.
H. P. Warner and C. R. Warner, both of Fort Smith, Ark., for J. S. Parks, receiver of Fort Smith & W. Ry. Co.
Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.
Circuit Court of Appeals, Eighth Circuit.
JOHNSEN, Circuit Judge.
During a seven year receivership of the Fort Smith and Western Railway Company, it was impossible to pay the operating expenses, and the court finally ordered the property sold. Free of liens, the assets brought $444,500. Claims totalling over $566,000 were filed for unpaid operating expenses and for money borrowed on receiver's certificates. The court, after a reference to a special master and a review and modification of the master's recommendations...
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