MISSOURI PAC. R. CO. v. THOMPSON

Nos. 12552-12554.

134 F.2d 139 (1943)

MISSOURI PAC. R. CO. et al. v. THOMPSON et al. PROTECTIVE COMMITTEE FOR HOLDERS OF COMMON STOCK OF MISSOURI PAC. R. CO. v. SAME. ALLEGHANY CORPORATION v. SAME.

Circuit Court of Appeals, Eighth Circuit.

March 5, 1943.


Attorney(s) appearing for the Case

Marion B. Pierce, of New York City and Allen L. Oliver, of Cape Girardeau, Mo., for Missouri Pacific R. Co., debtor.

Sanford H. E. Freund, of New York City, for Protective Committee for General Mortgage Four Per Cent Gold Bonds.

Everett Paul Griffin, of St. Louis, Mo., Edward F. Colladay, of Washington, D. C., and Kenneth McEwen, of New York City, for Protective Committee of First Mortgage Bondholders of International-Great Northern R. Co.

Edwin J. Bean, of St. Louis, Mo., and Harry Kirshbaum, of New York City, for Gerald Axelrod et al., owners and holders of Twenty Year Convertible Five-and-One Half Per Cent Bonds.

Luther M. Walter and Helen W. Munsert, both of Chicago, Ill., for Protective Committee for Holders of Common Stock.

Granville Whittlesey, Jr., of New York City, for Alleghany Corporation.

Russell L. Dearmont and Thomas T. Railey, both of St. Louis, Mo., for Guy A. Thompson, Trustee.

W. Lloyd Kitchel, of New York City, and Jacob Chasnoff, of St. Louis, Mo., for appellee Protective Committee for Holders of Missouri Pac. R. Co. First and Refunding Mortgage 5% Gold Bonds.

Leonard D. Adkins, of New York City, and S. Mayner Wallace, of St. Louis, Mo., for appellee Committee Representing Holders of First Mortgage Bonds and Income Bonds of New Orleans, Texas & Mexico Ry. Co., and Savings Banks Trust Co., representing Mutual Savings Banks in New York holding said Bonds.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.


PER CURIAM.

A petition was filed on October 2, 1942, in reorganization proceedings of Missouri Pacific Railroad Company in which it was alleged that there was due the Reconstruction Finance Corporation a secured indebtedness of $23,134,800, together with accrual of interest at the rate of 6 per cent, amounting to some $10,000,000 additional, and that: "The Debtor has discussed with responsible officials of the Reconstruction Finance Corporation the payment of said...

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