RECONSTRUCTION FINANCE CORP. v. BANKERS TRUST CO.

Nos. 12089-12147.

129 F.2d 122 (1942)

RECONSTRUCTION FINANCE CORPORATION v. BANKERS TRUST CO. (two cases).

Circuit Court of Appeals, Eighth Circuit.

June 10, 1942.


Attorney(s) appearing for the Case

Robert D. Evans, of St. Louis, Mo. (Russell L. Snodgrass, of Washington, D. C., and Hennings, Green, Henry & Evans, of St. Louis, Mo., on the brief), for appellant.

Daniel H. Kunkel, Counsel for Interstate Commerce Commission, of Washington, D. C. (Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D.C., on the brief), for Interstate Commerce Commission, Amicus Curiae, for appellant.

Rhodes E. Cave, of St. Louis Mo. (White & Case, of New York City, Bryan, Williams, Cave & McPheeters, of St. Louis, Mo., and Fitzhugh McGrew and Herbert F. July, both of New York City, on the brief), for appellee.

Before GARDNER, THOMAS, and RIDDICK, Circuit Judges.


RIDDICK, Circuit Judge.

This is an appeal from an order of a district court, in bankruptcy, making allowances for services rendered and expenses incurred by the trustee under a refunding mortgage of a railroad company in reorganization under § 77 of the Bankruptcy Act, 11 U.S.C.A. § 205.

At the time the allowance was made to the trustee under the refunding mortgage, the court had before it a plan for the reorganization of the debtor, approved by...

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