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IN RE PEORIA & E. RY. CO.

No. 76016.

49 F.Supp. 83 (1943)

In re PEORIA & E. RY. CO.

District Court, S. D. New York.

March 16, 1943.

Attorney(s) appearing for the Case

Charles S. Aronstam, of New York City (Archie S. Karp, of New York City, of counsel), for Income Bondholders Protective Committee of P. & E. Ry. Co.

Scribner & Miller and Alfred E. Smith, Jr., both of New York City (Louis G. Bernstein, of New York City, of counsel), for First Mortgage Bondholders Protective Committee of P. & E. Ry. Co.

Jacob Aronson and Crosby J. Beakes, both of New York City (Gerald E. Dwyer, of New York City, of counsel), for Peoria & E. Ry. Co.

Before LEARNED HAND, Circuit Judge, and WOOLSEY and HULBERT, District Judges.

WOOLSEY, District Judge.

These petitions are denied without costs.

I. This is a rehearing, on leave granted, of the judgment reached by us, and entered pursuant to our opinion reported as In re Peoria & Eastern Railway Co., D.C., 37 F.Supp. 917, wherein we held inter alia that we were not authorized by the statute, Chapter XV of the Bankruptcy Act, 11 U.S.C.A. § 1200 et seq., under which we were convened as a...

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