CENTRAL HANOVER BANK & TRUST CO. v. CALLAWAY

No. 10585.

135 F.2d 592 (1943)

CENTRAL HANOVER BANK & TRUST CO. v. CALLAWAY et al.

Circuit Court of Appeals, Fifth Circuit.

May 5, 1943.


Attorney(s) appearing for the Case

Alexander M. Lewis, of New York City, and J. Randolph Anderson, of Savannah, Ga., for appellant.

A. R. Lawton, Jr., and T. M. Cunningham, both of Savannah, Ga., Francis T. P. Plimpton, Andrew Oliver, and Edward W. Bourne, all of New York City, and Henry B. Brennan and R. Basil Morris, both of Savannah, Ga., for appellees.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.


WALLER, Circuit Judge.

This is an appeal from two orders entered on December 23, 1942, and on January 4, 1943, respectively, in a proceeding pending in the District Court below for the reorganization of the Central of Georgia Railway Company (hereinafter called "the Debtor") under Section 77 of the Bankruptcy Act, 49 Stat. 911, as amended, 11 U.S.C.A. § 205. Since the propriety of the lower Court's action turns largely on factual considerations, it is necessary...

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