IN RE WESTERN PAC. R. CO.

No. 26591-S.

38 F.Supp. 877 (1941)

In re WESTERN PAC. R. CO.

District Court, N. D. California, S. D.

May 13, 1941.


Attorney(s) appearing for the Case

Allan P. Matthew, John O. Moran, and McCutchen, Olney, Mannon & Greene, all of San Francisco, Cal., for trustees of debtor.

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

Sloss & Turner, of San Francisco, Cal., for Western Pac. R. Corporation.

Morrison, Hohfeld, Foerster, Shuman & Clark, of San Francisco, Cal., and Cravath, de Gersdorff, Swaine & Wood, of New York City, for Institutional Bondholders Committee.

Chickering & Gregory, of San Francisco, Cal., and Milbank, Tweed & Hope, of New York City, for first mortgage trustees.

Emmet McCaffery, of Washington, D. C., and Brobeck, Phleger & Harrison, of San Francisco, Cal., for Reconstruction Finance Corporation.


ST. SURE, District Judge.

On March 27, 1941, the trustees of the debtor filed a petition for instructions respecting the retirement by redemption, out of funds on hand, of not less than ten per cent of the principal amount of the indebtedness represented by outstanding certificates in the sum of $10,000,000, issued to the Reconstruction Finance Corporation on December 1, 1938, later extended, and maturing on December 1, 1941. The proceeds of the loan were used for...

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