IN RE MIDLAND UNITED CO.

No. 1073.

58 F.Supp. 667 (1944)

In re MIDLAND UNITED CO.

District Court, D. Delaware.

December 11, 1944.


Attorney(s) appearing for the Case

Clarence A. Southerland, of Wilmington, Del., Successor Trustee of Estate of Midland Utilities.

Lloyd F. Thanhouser, of New York City, for trustee of Midland Utilities.

Hugh M. Morris, of Wilmington, Del., Trustee of Estate of Midland United Co.

Max Swiren and Ben. W. Heineman, both of Chicago, Ill., for Hugh M. Morris, Trustee of Midland United.

Albert W. James, of Wilmington, Del. (Frank D. Mayer and Donald M. Graham (of Mayer, Meyer, Austrian & Platt), all of Chicago, Ill., of counsel), for Continental Illinois Nat. Bank & Trust Co., of Chicago.

Robert N. Golding, of Chicago, Ill., for Middle West Corporation.

James R. Morford, of Wilmington, Del. (Clarence U. Carruth, Jr. (of Curtis, Mallet-Prevost, Colt & Mosle), all of New York City, of counsel), for Prior Lien Stockholders Committee of Midland Utilities Co.

Francis L. Daily and Joseph H. Mueller (of Daily, Dines, White & Fiedler), all of Chicago, Ill., for Peoples Gas Light & Coke Co., and Peoples Gas Light & Coke Co. Service Annuity Trust.

Lee A. Freeman, of Chicago, Ill., for Commonwealth Subsidiary Corporation and Public Service Co. of Northern Illinois.

Harold Evans, of Philadelphia, Penn., for Philadelphia Committee of Debenture Holders.

David S. Keil, of Wilmington, Del., and Jason L. Honigman, of Detroit, Mich., for Daniel A. Gilbert and others, prior lien stockholders.

Leonard B. Ettelson, of Chicago, Ill., for Debenture Holders' Committee of Midland Utilities Co.

Howard Duane, of Wilmington, Del., and Jacob I. Grossman, of Chicago, Ill., and Cornelius C. O'Brien, of Philadelphia, Penn., for intervener Debenture Holders.

Robert LeRoy (of Cadwalader, Wickersham & Taft), of New York City, for Midland United Preferred Stockholders Committee.

Morton E. Yohalem, of Philadelphia, Penn., for the S. E. C.

William Prickett, of Wilmington, Del., and Carl Painter, of New York City, for Emerich Committee of Debenture Holders of Midland Utilities.


BIGGS, Circuit Judge.

It is my duty to determine whether a plan of reorganization1 for Midland United Company (United) and Midland Utilities Company (Utilities), two Delaware corporations and registered holding companies, jointly proposed by their trustees, meets the requirements of Section 174 of the Bankruptcy Act, 11 U.S.C.A. § 574. This court obtained jurisdiction of both corporations pursuant to the provisions of Section 77B...

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