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HUGG v. CROOKS

No. 11798.

122 F.2d 366 (1941)

HUGG et al. v. CROOKS et al.

Circuit Court of Appeals, Eighth Circuit.

August 27, 1941.

Attorney(s) appearing for the Case

Robert J. Bannister, of Des Moines, Iowa (E. McLain Watters, Jr., of Philadelphia, Pa., and Stipp, Perry, Bannister & Starzinger, of Des Moines, Iowa, on the brief), for appellants.

Walter R. Dyer, of Boone, Iowa (J. W. Jordan and John S. Dyer, both of Boone, Iowa, on the brief), for appellees C. H. Crooks and L. J. Dickinson, Trustees.

E. Hilton Jackson, of Washington, D. C. (J. L. Parrish, Jr., of Des Moines, Iowa, on the brief), for appellees petitioning creditors of Fort Dodge, Des Moines & Southern R. Co.

Before WOODROUGH, JOHNSEN, and VAN VALKENBURGH, Circuit Judges.

JOHNSEN, Circuit Judge.

In a reorganization proceeding under section 77 of the Bankruptcy Act, 11 U.S. C.A. § 205, against the Fort Dodge, Des Moines and Southern Railroad Company, the District Court refused to make any allowance to the members of a bondholders' protective committee for services and expenses in a prior receivership in the state court, and they have appealed.

The railroad had been in receivership in the state court from February, 1930...

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