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IN RE CHICAGO & N. W. RY. CO.

Nos. 7656, 7657.

121 F.2d 791 (1941)

In re CHICAGO & N. W. RY. CO. CHICAGO & N. W. RY. CO. v. RECONSTRUCTION FINANCE CORPORATION et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 30, 1941.

Attorney(s) appearing for the Case

Luther M. Walter and Helen W. Munsert, both of Chicago, Ill., for appellant.

Lee Walker, of Chicago, Ill., Cassius M. Clay, Russell L. Snodgrass, and A. Marvin Braverman, all of Washington, D. C., Wm. D. Kerr, Kenneth F. Burgess, Douglas F. Smith, and Geo. Ragland, Jr., all of Chicago, Ill., Fred N. Oliver, Edwin S. S. Sunderland, and Thos. O'G. FitzGibbon, all of New York City, Henry F. Tenney, Roger R. Leech, Chas. M. Thomson, Cyrus H. Adams, and James P. Dillie, all of Chicago, Ill., Orrin G. Judd and Edward K. Hanlon, both of New York City, and Ferris E. Hurd, of Chicago, Ill., for appellees.

Frank C. Nicodemus, Jr., of New York City, for intervenor.

Before EVANS and KERNER, Circuit Judges, and SULLIVAN, District Judge.

EVANS, Circuit Judge.

Appellant sought reorganization under Section 77 of the Bankruptcy Act, 11 U. S.C.A. § 205. In due course a plan of reorganization was approved by the Interstate Commerce Commission and then by the District Court. By this plan preferred and common stockholders of the debtor are eliminated, and given no interest in the new company. Appellant, in order to modify that part of the plan of reorganization, which excluded all stockholders, and...

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