WHITMAN v. WEBSTER

No. 12016.

122 F.2d 860 (1941)

WHITMAN et al. v. WEBSTER et al. In re MINNEAPOLIS, ST. P. & S. S. M. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

October 16, 1941.


Attorney(s) appearing for the Case

James E. Dorsey, of Minneapolis, Minn., and George W. Morgan, of St. Paul, Minn. (Donald West, of Minneapolis, Minn., on the brief for appellant E. A. Whitman, as receiver of Wisconsin Cent. R. Co.; M'Cready Sykes, of New York City, on the brief for appellants United States Trust Co. and Williamson Pell, as Trustees), for appellants.

James L. Hetland, of Minneapolis, Minn. (Fordyce W. Crouch, of Minneapolis, Minn., on the brief), for appellees G. W. Webster and Joseph Chapman, as Trustees of property of Minneapolis, St. P. & S. S. M. R. Co.

John S. Pillsbury, Jr., of Minneapolis, Minn. (A. M. Lewis and Hovey C. Clark, both of New York City, J. B. Faegre and Robert J. Christianson, both of Minneapolis, Minn., Larkin, Rathbone & Perry, of New York City and Faegre, Benson & Krause, of Minneapolis, Minn., on the brief), for appellee Central Hanover Bank & Trust Co., as Trustee.

Before GARDNER, WOODROUGH and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

This is an appeal from an order denying two items of a claim filed by the receiver of the Wisconsin Central Railway Company, herein called the Wisconsin Central, against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company, herein called the Soo, now in reorganization under § 77 of the Bankruptcy Act, 11 U. S.C.A. § 205.

The receivership of the Wisconsin Central commenced December 2, 1932; and the reorganization...

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