OLD COLONY TRUST CO. v. KURN

No. 12591.

138 F.2d 394 (1943)

OLD COLONY TRUST CO. v. KURN et al.

Circuit Court of Appeals, Eighth Circuit.

October 26, 1943.


Attorney(s) appearing for the Case

Rodney M. Fairfield, of St. Louis, Mo. (Charles J. Winkler, Jr., of Boston, Mass., J. M. Blayney and Harold S. Cook, both of St. Louis, Mo., Bingham, Dana & Gould, of Boston, Mass., and Blayney, Bedal, Cook & Fairfield, of St. Louis, Mo., on the brief), for appellant.

M. G. Roberts and E. G. Nahler, both of St. Louis, Mo., for appellees J. M. Kurn and Frank A. Thompson.

Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City, Charles P. Williams, of St. Louis, Mo., Edwin S. S. Sunderland, Judson C. McLester, Jr., Spencer Byard, and Cravath, DeGersdorff, Swaine & Wood, all of New York City, Carter, Bull & Garstang, of St. Louis, Mo., Robert T. Swaine, of New York City, Emmet T. Carter, of St. Louis, Mo., and Leonard D. Adkins and Charles H. Jagow, both of New York City, for appellees Fort Scott Committee and Consolidated Committee.

William V. Hodges, of New York City, and Daniel Bartlett, of St. Louis, Mo., for appellee debtor.

Before SANBORN and RIDDICK, Circuit Judges, and LEMLEY, District Judge.


RIDDICK, Circuit Judge.

The appellant, Old Colony Trust Company, is trustee under a certain mortgage of the Kansas City, Memphis & Birmingham Railroad Company securing the payment of bonds of that company referred to in this opinion as the Birmingham bonds. The St. Louis-San Francisco Railway Company later became liable for the payment of the principal and interest of the Birmingham bonds. In proceedings for the reorganization of the St. Louis-San Francisco Railway...

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