R.F.C. v. BANKERS TRUST CO.

Nos. 387-388.

318 U.S. 163 (1943)

RECONSTRUCTION FINANCE CORPORATION v. BANKERS TRUST CO., TRUSTEE.

Supreme Court of United States.

Decided February 8, 1943.


Attorney(s) appearing for the Case

Mr. Paul A. Freund, with whom Solicitor General Fahy, and Mr. James L. Homire and Mrs. Florence de Haas Dembitz were on the brief, for petitioner.

Mr. Joseph M. Hartfield, with whom Messrs. Jesse E. Waid and Fitzhugh McGrew were on the brief, for respondent.

Briefs of amici curiae were filed by Solicitor General Fahy and Messrs. Daniel W. Knowlton and Daniel H. Kunkel on behalf of the Interstate Commerce Commission; by Messrs. Fred N. Oliver and Willard P. Scott on behalf of the Mutual Savings Bank Group on New Haven Railroad Bonds; and by Mr. Hermon J. Wells on behalf of Howard S. Palmer et al., Trustees, urging reversal; by Mr. H.C. McCollom on behalf of the Irving Trust Co., urging affirmance; and by Mr. Frank C. Nicodemus, Jr., on behalf of the Chicago, Milwaukee, St. Paul & Pacific Railroad Co. et al.


MR. JUSTICE ROBERTS delivered the opinion of the Court.

This controversy arises in a proceeding under § 77 of the Bankruptcy Act1 for the reorganization of the St. Louis-San Francisco Railway Company system, part of which is the Kansas City, Fort Scott & Memphis Railway, under a mortgage of whose property the respondent Bankers Trust Company is trustee. The respondent obtained leave to...

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